Kasanu Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.1487 of 2022 Kasanu Naik ....

Petitioner Mr. Manas Chand Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

21.7.2022.

02.

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 21st November, 2021 in connection with Jaipatna P.S. Case No.413/2021 corresponding to C.T. Case No.05/2021 pending in the court of learned Addl. Sessions Judge-cum-Special Judge, Dharamgarh, for the alleged commission of the offence under Section 20 (b)(ii) (C) of N.D.P.S. Act.

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4. It is alleged that the contraband ganja weighing 375 kgs was being transported in a Bolero vehicle by some persons. It is further alleged that the Petitioner was escorting such vehicle by a motor cycle. After apprehended, nothing was seized from the possession of the Petitioner and there is no acceptable material to establish a link between the Petitioner and the occupants of the Bolero vehicle.

5. Considering the above facts as also the period of detention in custody of the Petitioner without commencement of trial, I am inclined to allow the prayer for bail.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 court below on each date of posting of the case without fail and in case of non-appearance, this order shall be treated as automatically cancelled and necessary orders shall be passed by the court below to take him to custody again.

6. The BLAPL is disposed of.

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

(Sashikanta Mishra) AKB Judge

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