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Orissa High CourtBLAPL/3211/2022disposed off

Dinesh Takri v. State Of Odisha

2022-05-09Mr. Justice Sashikanta Mishra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.3211 of 2022 Dinesh Takri ....

Petitioner Mr. K.C. Tripathy, Advocate -versusState of Odisha ....

Opposite Party Mr. S.K.Mishra, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

09.5.2022.

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 29th November, 2021 in connection with Phiringia P.S.

Case No.160/2021 corresponding to C.T. Case No.107/2021(252/2021) pending in the court of learned District and Sessions Judge-cum-Special Judge, Kandhamal, Phulbani for the alleged commission of the offence under Section 20(b)(ii)(C)/25 of the N.D.P.S. Act.

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4. The prosecution allegation is that in course of raid, the Petitioner being the driver of a Car was found to be transporting contraband ganja weighing 50 kgs. 200 grams. Though the ganja was seized yet in so far as the present Petitioner is concerned, except for the fact that he was the driver, there is no other material showing his complicity in the occurrence.

5. Considering the above facts and the period of detention in custody without commencement of trial, 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.

6. The BLAPL is disposed of.

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

(Sashikanta Mishra) AKB Judge