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Orissa High CourtBLAPL/3280/2022disposed off

Jayadan Harijan @ Jayakumar Nag v. State Of Odisha

2022-05-16Mr. Justice Sashikanta Mishra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 3280 of 2022 Jayadan Harijan @ Jayakumar Nag ....

Petitioner Mr. K. Mohanta, Advocate - Versus - State of Odisha ....

Opposite Party Mr. P. Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

16.05.2022 1.

This matter is taken up through hybrid mode.

Order No.

1.

2.

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

3.

The petitioner is in custody since 09.02.2022 in connection with Kosagumuda P.S. Case No.28 of 2022 corresponding to T.R. Case No.05 of 2022 pending in the Court of learned Sessions Judge-cum-Special Judge, Nabarangpur for the alleged commission of offence under Sections 20(b)(ii)(C)/29 of NDPS Act. 4.

It is alleged that the petitioner was in possession of contraband ganja weighing 27 Kgs when he was apprehended by police. It is submitted that the petitioner was arrested in another case and was remanded in the present case only on the basis of statement of the co-accused and that there is no other independent material against him.

5.

Considering the above fact and taking into account 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 and in case of even a single default, the said Court shall issue NBW to take him to custody again.

6.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana