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Orissa High CourtBLAPL/2945/2021disposed off

Mani @ Manibhadra Sahu @ Sahoo v. State Of Odisha

2022-03-30Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 2945 OF 2021 Mani @ Manibhadra Sahu @ Sahoo .........

Petitioner Mr. B. Mohapatra, Adv.

-versusState of Odisha ............

Opposite Party Mr. K.K. Gaya, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

30.03.2022 Order No.

05.

1.

This matter is taken up through Hybrid Mode.

2.

The petitioner is an accused in connection with Spl. (NDPS) No. 26 of 2021 corresponding to Dhusuri P.S. Case No. 37 of 2021, pending on the file of the learned Special Judge, Bhadrak for the alleged commission of offence under Sections-21(c)/29 of the N.D.P.S. Act and the petitioner is in custody since 02.03.2021.

3.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C. by the learned Special Judge, Bhadrak by Order dtd. 31.03.2021 in Spl. (NDPS) Case No. 26 of 2021, the present BLAPL has been filed.

4.

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

5.

Taking into account the quantity of contraband, i.e., Brown Sugar seized, which is beyond the permissible limit, this Court is not inclined to exercise the jurisdiction under Section-439 Cr. P.C. The petitioner is stated to be in custody since 02.03.2021, Learned Court in seisin of the matter may make an endeavour for early conclusion of trial.

6.

It is open to the petitioner to renew his prayer at later stage, if so advised.

7.

The BLAPL thus stands disposed of.

8.

Urgent certified copy of this order be granted as per rule. ( V.Narasingh ) Balaram Judge