Vivek Kumar Sahu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 3283 of 2022 Vivek Kumar Sahu & Others ....

Petitioners Mr. A.K. Patra, 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 petitioners are in custody since 25.03.2022 in connection with Balangir Town P.S. Case No.147 of 2022 corresponding to G.R. Case No.461 of 2022 pending in the Court of learned SDJM, Balangir for the alleged commission of offence under Sections 52(a)/59/62 of the Odisha Excise Act, 2008 4.

It is alleged that the petitioners were involved in bottling of duplicate foreign liquor and in processing, selling and transporting the same. It is submitted by learned counsel for the petitioners that the petitioners no. 1 and 2 are authorized salesmen under the licencee as per copy of the authorization enclosed to the bail application. It is further submitted that the petitioners had stored four liters of spirit which is permissible in law and therefore they have not committed any offence.

5.

Considering the submissions as above, the materials on record and the period of detention in custody, I am inclined to

allow the payer for bail. Let the petitioners 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 each of them shall furnish cash security of Rs.20,000/- and further, the learned Court below shall insist upon two local sureties each for such amount as may be determined by it.

6.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana