Govinda Haldar v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 3271 of 2022 Govinda Haldar ....

Petitioner Mr. A.K. Jena, Advocate - Versus - State of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

05.07.2022 Order No.

1. This matter is taken up through hybrid mode. 2.

2.

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

3.

The petitioner is in custody since 02.04.2022 in connection with Orkel P.S. Case No.59 of 2022 corresponding to Special G.R. Case No.52 of 2022 of the Court of learned Sessions Judge-cumSpecial Judge, Malkangiri for the alleged commission of offence under Sections 21(b)(ii)(C) of NDPS Act, 1985. 4.

It is alleged that the petitioner and another person were in possession of contraband ganja weighing 30 Kg when they were apprehended by police.

5.

It is submitted that the statutory formality relating to search and seizure has not been followed. Moreover, the mode of weighment of the contraband article is also doubtful. 6.

Considering the submissions, 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.

7.

BLAPL is accordingly disposed of.

8.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana