Anil Barik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 3850 of 2022 Anil Barik & Another ....

Petitioners Mr. R. Agarwal, 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.

02.

2.

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

3.

The petitioners are in custody since 27.12.2021 in connection with Jeypore Sadar P.S. No.341 of 2021 corresponding to T.R. Case No.110 of 2021 pending in the Court of learned Sessions 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 petitioners and some other persons were transporting contraband ganja weighing 153 Kg 200 Grams when they were apprehended by police. As per the prosecution case, the petitioners were riding on a motorcycle and were allegedly escorting a car in which the contraband was kept. Nothing was seized from their possession or from the motorcycle. Further, the allegation that they were escorting the vehicle is on the basis of the statement of the co-accused, who was driving the car in question.

5.

Taking into consideration all the above facts as also the period of detention of the petitioners, in custody without trial, I

am inclined to allow the prayer 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 they shall personally appear before the trial Court on each date of the posting of the case without fail.

6.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana