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Orissa High CourtBLAPL/896/2022disposed off

Makadam Samantara v. State Of Odisha

2022-02-04Mr. Justice Sashikanta Mishra3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.896 of 2022 Makadam Samantra ....

Petitioner Mr. S.K.Bhanjadeo Advocate -versusState of Odisha ....

Opposite Party Mr.S.K. Mishra Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

04.2.2022.

Order No.

01.

1. This matter is taken up through virtual mode.

2. Heard Mr. S.K.Bhanjadeo, learned counsel for the Petitioner and Mr.S.K. Mishra, learned Addl. Standing Counsel for the State.

3. The Petitioner is in custody since 20th January, 2022 in connection with Balugaon P.R. Case No.44/2021-22 of I.E. District Mobile, Khurda corresponding to 2 (a)C.C. Case

// 2 // No.7/2022 pending in the court of learned J.M.F.C., Chilika for the alleged commission of the offence under Section 52(a) of Orissa Excise Act.

4. It is submitted that the Petitioner is a license holder who was transporting the seized liquor after having obtained the same from the State Beverages Corporation Ltd. as per documents enclosed vide Annexure-1 series. However, instead of going through Odagaon, he passed through Baghamari where he was apprehended.

5. Considering the submissions made, the materials on record, the nature of accusations and the fact that investigation into the case appears to have progressed substantially, I am inclined to allow the prayer for bail.

6. Let the Petitioner be released on bail on such terms and conditions as may be imposed by the court in seisin over the matter in the aforesaid case including the condition that he shall appear personally before the trial court on each date of posting of the case without fail.

7. The BLAPL is disposed of.

8. As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High court's website, at par with certified copy, subject to attestation by the concerned

// 3 // Advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020, modified by Notice No.4798, dated 15th April, 2021 and Court's Office Order circulated vide Memo Nos.514 and 515 dated 7th January, 2022. (Sashikanta Mishra) AKB Judge