Rubi Devi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 1984 of 2022 Rubi Devi ....

Petitioner Mr. Dushmanta Sahoo -versusState of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

28.3.2022.

03.

1.

This matter is taken up through hybrid mode.

Order No.

2.

Heard Mr. Dushmanta Sahoo, learned counsel for the Petitioner and Mr. S.K.Mishra, learned Addl. Standing Counsel for the State.

3.

The Petitioner is in custody since 24.02.2021 in connection with Adava P.S. Case No. 36 of 2021 corresponding to G.R. Case No. 45 of 2021 pending in the court of learned Special Judge, Paralakhemudi for the alleged commission of the offence under Sections 20(b)(ii)(C) & 25 /29 of the NDPS Act.

4.

It is submitted that nothing was seized from the possession of the petitioner nor from the car in which he was

// 2 // travelling, but falsely alleging that he was escorting the vehicle in which contraband was being carried, a case has been foisted against him.

5.

Learned State Counsel while opposing the prayer for bail fairly submitted that nothing was seized from the possession of the petitioner.

6.

Having regard to the rival submissions, the materials on record, the period of detention already undergone as also the fact that nothing was seized from the possession of the petitioner, I am inclined to allow the prayer for bail. 7.

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 out of two sureties for such amount as may be determined the district of by the court below, one should belong to Paralakhemundi and further each of the petitioners shall furnish cash security of Rs.25,000/-( Rupees Twenty five thousand).

8. The BLAPL is disposed of.

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

(Sashikanta Mishra) AKB c Judge