Thomas Raita v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 4265 of 2022 Thomas Raita ....

Petitioner Mr. S.K. Nayak, Advocate -Versus - State of Odisha ....

Opposite Party Mr. S.K. Mishra, Additional Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 30.09.2022 1.

These matters are taken up through hybrid mode. Order No.

4.

2.

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

3.

The petitioner is in custody since 21.04.2022 in connection with Padmapur P.S. Case No. 49 of 2022 corresponding to T.R. Case No. 58 of 2022 pending in the court of learned Additional Sessions Judge-cum-Special Judge, Gunupur for the alleged commission of offence under Sections 20(b)(ii)(C)/25/27-A/29 of the NDPS Act.

4.

It is alleged that the petitioner was found to be in possession of 60 kgs. of contraband ganja when he was apprehended by police. It is submitted that the statutory formalities were not complied before search and seizure and the method of weighment of the seized article is also questionable.

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 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 posting of the case without fail.

6.

The BLAPL is accordingly disposed of.

7.

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

(Sashikanta Mishra) Judge BC Tudu