Dhansingh Meher v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 2603 OF 2021 Dhansingh Meher .........

Petitioner Mr. Jagabandhu Sahu, Advocate -versusState of Odisha ............

Opposite Party Mr. K.K. Gaya, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

30.03.2022 Order No.

06.

1.

This matter is taken up through Hybrid Mode.

2.

The petitioner is an accused in connection with Special G.R. Case No. 13 of 2021 corresponding to P.R. No. 70 of 202021, pending on the file of the Learned Additional Sessions Judgecum- Special Judge, Padampur, for the alleged commission of offence under Sections-20(b)(ii)(C) of the N.D.P.S. Act and is in custody since 04.03.2021.

3.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C. by the learned Sessions Judge-cum-Special Judge, Padampur by Order dtd. 16.03.2021 in Special G.R. No. 13 of 2021, the present BLAPL has been filed.

4.

Heard Mr. J. Sahoo, learned counsel for the petitioner and Mr. K.K. Gaya, learned Additional Standing Counsel for the State.

5.

Learned counsel for the petitioner submits that the petitioner is a victim of circumstances and he has no complicity so as to attract the bar under Section-37 of the N.D.P.S. Act. 6.

Such submission, is vehemently opposed by the learned counsel for the State.

7.

Taking into account, the submission of the learned counsel for the petitioner that from the manner of seizure of exclusive conscious possession cannot be attributed to him, this Court directs that the petitioner shall be released on bail in connection with Special G.R. Case No. 13 of 2021 corresponding to P.R. No. 70 of 2020-21, pending on the file of the Learned Additional Sessions Judge-cum- Special Judge, Padampur, on such terms to be fixed by the learned Court in seisin of the matter. 8.

The Bail Application thus stands disposed of. 9.

Urgent certified copy of this order be granted as per rule. ( V.Narasingh ) Balaram Judge