Manoj Ray v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 321 of 2022 Manoj Ray ....

Petitioner Mr. B. Mohapatra, Advocate - Versus - State of Odisha ....

Opp.Party Mr. P. Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

23.09.2022 Order No.

04.

1.

This matter is taken up through hybrid mode.

2.

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

3.

The petitioner is in custody since 28.03.2021 in connection with Bada Bazar P.S. Case No.71 of 2021 corresponding to G.R. Case No.14 of 2021(N) pending in the Court of learned Sessions Judge-cum-Special Judge, Ganjam, Berhampur for the alleged commission of offence under Sections 20(b)(ii)(C)/25/29 of NDPS Act.

4.

It is alleged that the petitioner and three other persons were transporting contraband ganja weighing 60 Kg when they were apprehended by police. It is submitted that the statutory formality relating to search and seizure has not been followed. Moreover, the mode of weighment of the contraband article is also doubtful. It is further submitted that the other three co-accused persons have in the meantime been released on bail as per orders passed by this Court in BLAPL Nos.6418 of 2021, 10872 of 2021 and 10918 of 2021.

5.

Since, the petitioner stands on the same footing, 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 he shall furnish cash security of Rs.50,000/- (Rupees Fifty Thousand). Further he shall appear before the trial court below on each date of posting of the case, failing which N.B.W. shall be issued against him to take him to custody again. 6.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana