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Orissa High CourtBLAPL/1166/2022disposed off

Rajasta Digal @ Rajasta @ Tuna Digal v. State Of Odisha

2022-04-07Mr. Justice Sashikanta Mishra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.1166 of 2022 Rajasta Digal @ Rajasta @ Tuna Digal ....

Petitioner Mr. S.Dwibedi, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

07.4.2022.

1. This matter is taken up through hybrid mode. Order No.

2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3. The Petitioner is in custody since 14th July, 2021 in connection with Gochhapada P.S.

Case No.51/2021 corresponding to C.T. Case No.49/2021 pending in the court of learned Special Judge, Phulbani for the alleged commission of the offence under Section 20(b) (ii) (C) of N.D.P.S. Act.

4. Though it is alleged that the contraband was seized from two persons, yet from the seizure list enclosed to the Bail Application, it is clearly revealed that the contraband was

// 2 // seized from the exclusive and conscious possession of one Chanda Digal and not from the present Petitioner.

5. Taking into consideration all the above facts, the materials on record and the period of detention in custody, 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 before the court below on each date of posting of the case without fail.

7. The BLAPL is disposed of.

8. Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) AKB Judge