Kanhu Charan Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.3709 of 2022 Kanhu Charan Jena ....

Petitioner Mr. S.R.Mohapatra Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

15.9.2022.

02.

1. This matter is taken up through hybrid mode. Order No.

2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3. The Petitioner is in custody since 5th April, 2022 in connection with Nandipada P.S.

Case No.15/2021 corresponding to Special case No.3/2021 pending in the court of learned Addl.

Sessions Judge-cum-Special Judge, Anandapur for the alleged commission of the offence under Section 20 (b) (ii) (C)/29 of the NDPS Act.

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4. It is alleged that the contraband ganja weighing 54 kgs. 490 grams was recovered from the house of the Petitioner. It is submitted that no one was present in the house when the so called recovery was made. 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.

5. Considering the submissions made, the materials on record and the period of detention of the Petitioner in custody, I am inclined to allow the prayer for bail. Let the Petitioner be released on bail on such terms and conditions as may be imposed by the court in seisin over the matter in the aforesaid case including the condition that he shall appear before the trial court on each date of posting of the case and in case of even a single default, necessary orders shall be passed by the court to take him to custody again.

6. The BLAPL is disposed of.

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

(Sashikanta Mishra) AKB Judge

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