Niranjan Beer v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 2875 of 2022 Niranjan Beer ....

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

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

25.04.2022 1.

This matter is taken up through hybrid mode.

Order No.

1.

2.

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

3.

The petitioner is in custody since 15.06.2021 in connection with R. Udayagiri P.S. Case No.72 of 2021 corresponding to G.R. Case No.71 of 2021 pending in the Court of learned Special Judge, Gajapati, Paralakhemundi for the alleged commission of offence under Sections 20(b)( 4.

ii)(C)/25/29 of NDPS Act.

5.

The allegation against the petitioner is that he was found in possession of contraband ganja weighing 32 kg 500 grams. It appears from the FIR that the petitioner and another person were travelling in a Honda Civic Car when they were stopped by the police. On seeking the police, the person sitting on the front seat fled away from the spot. The driver and the two occupants including the present petitioner were apprehended. On search of the vehicle, a jerry bag containing the aforesaid quantity of ganja was found. In so far as the petitioner is concerned, only one Aadhar Card was found from his possession.

6.

It is submitted that the person who ran away was the owner of the ganja and the petitioner and other two occupants had only taken the vehicle on hire without being aware of the items kept in the dickey.

7.

Considering the submissions as above, the materials on record and the period of detention of the petitioner 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.

8.

BLAPL is accordingly disposed of.

9.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana