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Orissa High CourtBLAPL/1609/2022disposed off

Bipin Patra v. State Of Odisha

2022-09-06Mr. Justice Sashikanta Mishra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 1609 of 2022 Bipin Patra ....

Petitioner Mr. A. Das, 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.

03.

2.

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

3.

The petitioner is in custody since 22.03.2021 in connection with P.R. No. 250 of 2020-21 corresponding to 2(a)CC Case No.10 of 2021 pending in the Court of learned Sessions Judgecum- Special Judge, Ganjam for the alleged commission of offence under Sections 20(b)(ii)(C) of NDPS Act. 4.

It is alleged that the petitioner was carrying contraband ganja weighing 40 Kg when he was apprehended by the excise staff. 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