Rabindra Kumar Sahu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 2878 of 2022 Rabindra Kumar Sahu ....

Petitioner Mr. D.K. Panda, 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 12.02.2022 in connection with Aska P.S. Case No.81 of 2022 corresponding to G.R. Case No.4/2022 of 2021 pending in the Court of learned Addl. Sessions Judge-cum-Special Judge, Aska, Ganjam for the alleged commission of offence under Section 20(b)(ii)(C) of NDPS Act. 4.

It is alleged that the petitioner with another person was apprehended while going on motor cycle and found to be carrying ganja weighing 23 kg 500 grams.

5.

It appears that the pillion rider, who was the carrying bag of ganja, escaped from the spot and the petitioner was apprehended. 6.

Considering the fact that as per the prosecution case, the ganja was in the possession of the pillion rider and not the petitioner as also taking into consideration 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.

7.

BLAPL is accordingly disposed of.

8.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana