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Orissa High CourtBLAPL/3509/2022allowed

Sk. Kayamt @ Sk. Kayamat Tulla v. State Of Odisha

2022-09-16Mr. Justice Sashikanta Mishra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 3509 of 2022 Sk. Kayamt @ Sk. Kayamat Tulla ....

Petitioner Mr.A.R. Panda, Advocate -Versus - State of Odisha ....

Opposite Party Mr. M.R. Mishra, Additional Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 16.09.2022 1.

This matter is taken up through hybrid mode.

Order No.

5.

2.

Heard learned for the petitioner and learned Additional Standing Counsel for the State.

3.

The petitioner is in custody since 14.04.2022 in connection with Jaleswar P.S. Case No. 320 of 2021 corresponding to Special Case No. 264 of 2021 pending in the Court of learned Sessions Judge-cum-Special Judge, Balasore for the alleged commission of offence under Sections 21(C)/29 of NDPS Act. 4.

As per the prosecution case one Sk. Belaluddin was caught while possessing 270 grams of brown sugar. On interrogation, he gave out the name of the present petitioner and one Sk. Rasho as being the suppliers of the contraband. Thus, except for the confessional statement of the co-accused, there is no material

against the petitioner and nothing was admittedly seized from his possession.

5.

Considering the above facts, 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.

6.

The BLAPL is accordingly disposed of.

7.

Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) Judge BC Tudu