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Orissa High CourtBLAPL/1143/2022disposed off

Sanju @ Sanjay Pradhan v. State Of Odisha

2022-02-15Mr. Justice Sashikanta Mishra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 1143 of 2022 Sanju @ Sanjay Pradhan ...

Petitioner Mr. D. Panda, Advocate - Versus - State of Odisha ...

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

15.02.2022 1.

This matter is taken up through hybrid mode.

Order No.

1.

2.

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

3.

The petitioner is in custody since 28.06.2021 in connection with Khurda Model P.S. Case No.85 of 2021 corresponding to T.R. Case No.16 of 2021 pending in the Court of learned Sessions Judge-cum-Special Judge, Khurda for the alleged commission of offence under Sections 21(C)/29 of NDPS Act. 4.

It is submitted that nothing was seized from the exclusive and conscious possession of the petitioner and that he has been implicated in the case solely on the basis of the statement of the co-accused. A perusal of the FIR reveals that 654 grams of brown sugar was seized from three persons, who were travelling in a Ford Ecosports Car. During interrogation, they confessed that the said contraband had been procured for the present petitioner.

5.

Having regard to the submissions, materials on record and the fact that the petitioner appears to have been implicated only

on the basis of the statement of the co-accused persons and nothing was seized from his possession, 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 IIC of Model Police Station, Khurda once in every fortnight for a period of six months and shall personally appear before the trial Court on each date of posting of the case without fail.

6.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) A.K. Rana Judge