Nimai Sagar v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 3056 of 2022 Nimai Sagar ....

Petitioner Mr. J. Khansama, Advocate - Versus - State of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

02.05.2022 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 05.03.2022 in connection with Rairakhol P.S. Case No.50 of 2022 corresponding to T.R. Case No.8 of 2022 pending in the Court of learned Addl. Sessions Judge-cum-Special Judge (Special Court) Rairakhol for the alleged commission of offence under Sections 20(b)(ii)C/25/29 of NDPS Act.

4.

The prosecution allegation is that the petitioner was apprehended along with some other persons while he was in possession of contraband ganja weighing about 21 kgs. However from the materials on record it appears that in so far as the petitioner is concerned, only 5 kg 900 grams of ganja was found from his possession.

5.

Taking into the above facts, 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 and in case of even a single default, the Court below shall pass

appropriate orders to take him to custody again. 6.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana