Lily Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 118 of 2022 Lili Das ....

Petitioner Mr. Biswaranjan Dalai, Advocate - Versus - State of Odisha ....

Opposite Party Mr. P.K. Maharaj, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

25.03.2022 Order No.

1.

This matter is taken up through hybrid mode.

3.

2.

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

3.

The petitioner is in custody since 15.12.2021 in connection with Jagatsinghpur P.S. Case No.684 of 2021, corresponding to C.T. Case No.245 of 2021 pending in the Court of learned Sessions Judge-cum-Special Judge, Jagatsinghpur for the alleged commission of offence under Sections 21(C)/29(1) of NDPS Act. 4.

It is submitted that the petitioner, who is a lady, was selling brown sugar along with her husband in the outer verandah of their house when they were caught red handed. As it appears, total quantity of 262 grams of brown sugar was seized from her husband. So far as the petitioner is concerned, nothing was seized from her exclusive and conscious possession, rather, some empty packets were seized from her.

5.

Having regard to the above facts, as also the fact that the petitioner is a lady with a breast feeding child and also considering the period of detention in custody, I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that she shall personally appear before the trial Court on each date of posting of the case, failing which necessary orders may be passed to take her to custody again by the Court below.

6.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana