Shakeel Khan @ Shakil Khan @ Shakil v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 3566 of 2022 Shakeel Khan @ Shakil Khan @ Shakil ....

Petitioner Mr. S.K. Bhanjadeo, Advocate - Versus - State of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

24.09.2022 1.

This matter is taken up through hybrid mode.

Order No.

04.

2.

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

3.

The petitioner is in custody since 06.12.2021 in connection with Jeypore Sadar P.S. Case No.325 of 2021 corresponding to T.R. Case No.104 of 2021 pending in the Court of learned District and Sessions Judge-cum-Special Judge, Koraput- Jeypore for the alleged commission of offence under Sections 20(b)(ii)(C)/29 of NDPS Act.

4.

It is alleged that the petitioner and other persons were found to be in possession of contraband ganja weighing more than 300 Kgs when they were apprehended by police. It is submitted that the statutory formality relating to search and seizure has not been followed. Moreover, the mode of weighment of the contraband article is also doubtful. It is further submitted that the co-accused persons have in the meantime been released on bail as per orders passed by this Court in BLAPL No.3407 of 2022 and BLAPL No. 2068 of

2022.

5.

Considering the above facts and there being no materials to take a different view in respect of the petitioner, 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 following conditions:

(i) He shall furnish cash security of Rs.1,00,000/- (Rupees One Lakh).

(ii) He shall appear before the IIC of Jeypore Police Station on every Sunday at 10 a.m. till conclusion of trial and such fact shall be certified by the IIC to the concerned Court.

(iii) He shall not leave the territorial jurisdiction of this Court without obtaining leave.

(iv) In case of violation of any of the conditions, the order of this Court shall be treated as automatically cancelled. 6.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules..

(Sashikanta Mishra) Judge A.K. Rana