Birata Sahani @ Birat v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 3012 of 2022 Birata Sahani @ Birat ....

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

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

27.04.2022 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 08.02.2022 in connection with Boudh P.S. Case No.53 of 2022 corresponding to C.T. Case No.65 of 2022 pending in the Court of learned District Judge-cumSpecial Judge, Boudh for the alleged commission of offence under Sections 20(b)(ii)(C) of NDPS Act.

4.

It is submitted that the alleged seized ganja was not properly weighed and that the weight has been deliberately enhanced to show the same as commercial quantity.

5.

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

6.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana