Seshadev Tandia v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 3985 of 2022 Seshadev Tandia ....

Petitioner Mr. A.K. Sahoo, Advocate - Versus - State of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

05.09.2022 1.

This matter is taken up through hybrid mode.

Order No.

01.

2.

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

3.

The petitioner is in custody since 22.07.2021 in connection with Phiringia P.S. Case No.84 of 2021 corresponding to C.T. Case No.52 of 2021 pending in the Court of learned Sessions Judge-cum-Special Judge, Phulbani for the alleged commission of offence under Sections 20(b)(ii)(C)/25/29 of NDPS Act.

4.

It is alleged that the petitioner was driving a vehicle in which contraband ganja weighing 75 Kg 600 Grams were kept. As such, he was taken to custody by the 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.

5.

Considering the submissions, materials on record and the period of detention in custody, 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 condition that he 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