Narayan Kindal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.3266 of 2022 Narayan Kindal ....

Petitioner Mr. B.K.Das, Advocate -versusState of Odisha ....

Opposite Party Mr. S.Mishra Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

05.7.2022.

01.

1. This matter is taken up through virtual 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 4th April, 2022 in connection with Chitrakonda Case No.139/2021 corresponding to Special G.R. Case No.102/2021 pending in the court of learned Sessions Judge-cum-Special Judge, Malkangiri, for the alleged commission of the offence under Section 20(b)(ii)(C)/25/27/29 of the NDPS Act.

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4. As it appears, no contraband was seized from the exclusive and conscious possession of the Petitioner, but he has been implicated entirely on the statement of the co-accused to the effect that he was the financer and supplier of the ganja business.

5. Considering the above facts and the settled position of law as laid in the case of Tofan Singh v. State of Tamil Nadu; reported in (2020) 80 OCR (SC)-641, 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 personally before the trial court 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