Jaga @ Saroj Kumar Rout v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 3232 of 2022 Jaga @ Saroj Kumar Rout ....

Petitioner Mr. R.K. Pattanaik, Advocate - Versus - State of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

10.05.2022 1.

This matter is taken up through hybrid mode.

Order No.

01.

2.

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

3.

The petitioner is in custody since 09.12.2021 in connection with Balipatna P.S. Case No.319 of 2021 corresponding to T.R. Case No.540 of 2021 pending in the Court of learned Special Judge-cum-Sessions Judge, Khurda at Bhubaneswar for the alleged commission of offence under Sections 20(b)(ii)(C) of NDPS Act. 4.

It is alleged that the petitioner, who is a driver, was transporting the contraband ganja weighing 68 kgs in a car driven by him. It is submitted that there is nothing on record to show that the petitioner had actually procured ganja with the intent of transporting the same. It is also submitted that the mandatory provisions of law relating to search and seizure have not been complied with.

5.

Considering the submissions as above, the materials on record 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 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