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Orissa High CourtBLAPL/2958/2022disposed off

Ashok Sahani @ Tuna Sahani v. State Of Odisha

2022-04-26Mr. Justice Sashikanta Mishra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.2958 of 2022 Ashok Sahani @ Tuna Sahani ....

Petitioner Mr. A.R.Panda Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

26.4.2022.

01.

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

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

3. The Petitioner is in custody since 19th January, 2022 in connection with Phiringia P.S. Case No.78/2020 corresponding to C.T. Case No.51/2020 pending in the court of learned District and sessions Judge-cum-Special Judge, Phulbani for the alleged commission of the offence under Section 20(b)(ii)(C )/25/29 of the NDPS Act.

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5. The allegation is that the Petitioner and another person were apprehended while they were transporting huge quantity of ganja in the Maruti car. However, from the materials on record, it revealed that the Petitioner has been implicated in the case on the basis of the statement of co-accused namely, Anamika Digal, and nothing was seized from his possession.

6. Considering the above facts and taking into account 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 may be imposed by the court in seisin over the matter in the aforesaid case including the conditions that he shall appear before the trial court 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) AKB Judge