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Orissa High CourtBLAPL/1968/2022disposed off

Jubaraj Sahu v. State Of Odisha

2022-03-28Mr. Justice Sashikanta Mishra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 1968 of 2022 Jubaraj Sahu ....

Petitioner Mr. T.K. Sahu, Advocate - Versus - State of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

28.03.2022 Order No.

1.

This matter is taken up through hybrid mode.

1.

2.

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

3.

The petitioner is in custody since 02.01.2022 in connection with Phiringia P.S. Case No.03 of 2022 corresponding to C.T. Case No.01 of 2022 pending in the Court of learned Sessions Judgecum-Special Judge, Phulbani for the alleged commission of offence under Sections 20(b)(ii)(C) of IPC read with Sections 25/29 of NDPS Act.

4.

It is alleged that the petitioner along with another person were transporting ganja weighing around 22 Kgs. Though it is stated that the total quantity is exclusive of the containers, yet it is submitted by learned counsel for the petitioner that there is serious doubt with regard the mode of weighment of the contraband and therefore, net weight is less than commercial quantity.

5.

Having regard to the submissions as above, the materials on

record, 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 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