Nikunta Digal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 2193 of 2022 Nikunta Digal ....

Petitioner Mr. S.K. Mishra, Advocate - Versus - State of Odisha ....

Opposite Party Mr. P.K. Maharaj, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

29.03.2022 Order No.

1.

This matter is taken up through hybrid mode.

1.

2.

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

3.

The petitioner is in custody since 25.11.2021 in connection with P.R. No. 90/2021-22 corresponding to 2(a)CC Case No.56 of 2021 pending in the Court of learned Sessions Judge-cum-Special Judge, Cuttack for the alleged commission of offence under Sections 20(b)(ii)C of NDPS Act.

4.

It is alleged that he was transporting 32 kg of contraband ganja in his car when he was apprehended by the Excise Staff. 5.

It is submitted by learned counsel for the petitioner that the allegations are entirely false and in any case the mandatory requirement of Section 50 of NDPS Act has not been followed in the case and he was forced to sign on certain blank papers. 6.

Considering the submissions as above, materials on record, the period of detention in custody and the fact that final PR has been submitted, as submitted by learned State Counsel, 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.

7.

BLAPL is accordingly disposed of.

8.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana