Kunu Mahananda v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 2876 of 2022 Kunu Mahananda ....

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

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

21.07.2022 1.

This matter is taken up through hybrid mode.

Order No.

02.

2.

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

3.

The Petitioner is in custody since 10.03.2022 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.

4.

It is alleged that the petitioner along with others were transporting contraband ganja weighing 49 Kgs 520 grams in a cars when all of them were detained by police. 5.

It is submitted that the statutory formality relating to search and seizure has not been followed. Moreover, the mode of weighment of the contraband article is also doubtful. 6.

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 petitioner 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 he shall appear before the court below on each date of posting of the case without fail.

7.

The BLAPL is disposed of.

8.

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

(Sashikanta Mishra) Judge A.K. Rana