Gautam Haldar v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 1600 of 2022 Gautam Haldar ....

Petitioner Mr. A.K. Jena, Adv.

- Versus - State of Odisha ....

Opp.Party Mr. S.K. Mishra, Addl. Standing Counsel.

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

06.09.2022 1.

This matter is taken up through hybrid mode.

Order No.

02.

2.

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

3.

The petitioner is in custody since 27.01.2022 in connection with Orkel P.S. Case No. 19 of 2022 corresponding to Special G.R. Case No.22 of 2022 pending in the Court of learned Sessions Judge-cum- Special Judge, Malkangiri in the district of Malkangiri for the alleged commission of offence under Sections 20(b)(ii)(C) of NDPS Act.

4.

It is alleged that the petitioner was found to be possessing contraband ganja weighing 39 Kg 500 grams when he was detained by Police. It is submitted that the statutory formality relating to search and seizure has not been followed. Moreover, the mode of weighment of the contraband article is also doubtful. 5.

Considering the submissions, materials on record and the period of detention in custody, 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 the posting of the case without fail.

6.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana