Mohammed Iqubal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 372 of 2022 Mohammed Iqubal ....

Petitioner Mr. A.R. Panda, Advocate - Versus - State of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

29.03.2022 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 02.12.2021 in connection with Jeypore Sadar P.S. Case No.120 of 2021 corresponding to T.R. Case No.52 of 2021 pending before the learned Sessions Judge-cum-Special Judge, Koraput for the alleged commission of offence under Sections 20(b)(ii)C of NDPS Act. 4.

It is stated that nothing was seized from the possession of the petitioner and that he has been implicated entirely on the basis of the statement of the co-accused. A reading of the FIR clearly reveals that two persons, who were apprehended by the police, stated upon interrogation that they were engaged in contraband ganja business with the assistance of the petitioner and another person.

5.

Having regard to the fact that the petitioner has been implicated entirely on the basis of the statement of the co-accused, 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 personally appear before the trial Court on each date of posting of the case and in case of even a single default, the Court below shall pass appropriate orders 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