Trinath Patnia v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.3483 of 2020 Trinath Patnia ....

Petitioner Mr. Sk. Zafrulla Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

08.8.2022.

05.

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 3rd September, 2021 in connection with Koraput Town P.S. Case No.195/2018 corresponding to T.R. Case No.34/2018 pending in the court of learned Addl. Sessions Judge-cum-Special Judge, Koraput for the alleged commission of the offence under Section 20 (b) (ii) (C) of the NDPS Act.

// 2 //

4. It is alleged that the Petitioner was carrying contraband ganja weighing 24 kgs. 800 grams in a jerry bag when he was apprehended by Police. He was earlier granted bail by this Court in BLAPL No.7474/2018 for a period of 20 days, but did not surrender on the date fixed for which NBW was issued and he was taken to custody. It is submitted that the Petitioner could not surrender in time because of communication gap between him and his lawyer, but he undertakes to regularly appear before the trial Court henceforth.

5. Considering the above submissions, 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

// 3 //