Jayadan Harijan @ Jayakumar Nag v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 3281 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.109 of 2021 corresponding to T.R. Case No.42 of 2021 pending in the Court of learned Sessions Judge-cum-Special Judge, Nabarangpur for the alleged commission of offence under Sections 20(b)(ii)(C) of NDPS Act. 4.

The allegation is that the petitioner was transporting contraband ganja weighing 20.2 Kgs when he was apprehended. It is submitted that the mode of weighment of ganja is entirely doubtful and that the quantity has been deliberately enhanced to show it as commercial quantity.

5.

Considering the submissions as above, the 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 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