Sankar Chhuria v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.2843 of 2022 Sankar Chhuria and another ....

Petitioners Mr. S.K.Rout Advocate -versusState of Odisha ....

Opposite Party Mr. P.Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

20.4.2022.

01.

1. This matter is taken up through hybrid mode. Order No.

2. Heard learned counsel for the Petitioners and learned Addl. Standing Counsel for the State.

3. The Petitioners are in custody since 10th March, 2022 in connection with Sambalpur Sadar P.S. Case No.49/2022 corresponding to T.R. Case No.10/2022 pending in the court of learned Sessions Judge-cum-Special Judge(NDPS), Sambalpur for the alleged commission of the offence under Sections 20(b)(ii)(C)/25 of NDPS Act.

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4. It is alleged that the Petitioner No.1 was the driver of the car in which contraband ganja weighing 49 kgs. 520 grams was recovered. It is submitted by the learned counsel for the Petitioner that the Petitioner No.1 was traveling with his wife(Petitioner No.2) and a small child in a car while two other persons requested for lift whereupon they were allowed to board the vehicle. It is further submitted that the Petitioners gave lift on good faith without knowing about the contents of their luggage.

5. Having regard to the above facts and the period of detention in custody of the Petitioner, I am inclined to allow the prayer for bail. Let the Petitioners be released on bail on such terms and conditions as may be imposed by the court in seisin over the matter in the aforesaid case including the condition that they shall appear before the court below on each date of posting of the case without fail.

6. The BLAPL is disposed of.

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

(Sashikanta Mishra) AKB Judge

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