Susanta Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.4137 of 2022 Susanta Behera ....

Petitioner Mr. S.Mitra Advocate -versusState of Odisha ....

Opposite Party Mr.P.Tripathy Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

12.7.2022.

01.

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 27th November, 2021 in connection with Excise Cuttack P.R.

No.162/2021 corresponding to T.R. Case No.156/2021 pending in the court of learned 1st Addl. Sessions Judge-cum-Special Judge under NDPS Act, Khordha for the alleged commission of the offence under Section 20 (b) (ii) (C) of the NDPS Act.

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4. It is alleged that the Petitioner was carrying contraband ganja weighing 42 kgs. when he was apprehended by Excise Staff. 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