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Orissa High CourtBLAPL/4486/2022disposed off

Gandhi Pradhan v. State Of Odisha

2022-10-20Mr. Justice Sashikanta Mishra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.4486 of 2022 Gandhi Pradhan ....

Petitioner Mr. Basudev Pujari, Advocate -versusState of Odisha ....

Opposite Party Mr. P. Tripathy Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

20.10.2022.

02.

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 6th May, 2022 in connection with Kabisuryanagar P.S. Case No.163/2022 corresponding to G.R. Case No.7/2022 pending in the court of learned Addl. District and Sessions Judge-cum-Special Judge, Kodala, Ganjam for the alleged commission of the offence under Sections 20(b)ii)(C) of NDPS Act read with Section 25 of the Arms Act.

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4. It is alleged that the Petitioner and one Santosh Rauta were escorting a Mahindra Maximo Plus Pick-up Van by riding a Scooter and that huge quantity of contraband i.e. ganja weighing 412 kgs. 980 grams were loaded. The Petitioner was implicated on the basis of the statement of co-accused. There is no material to show that anything was seized from the exclusive and conscious possession of the Petitioner.

5. Considering the above facts 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 may be imposed by the court in seisin over the matter in the aforesaid case including the condition that he shall personally appear before the court below on each date of posting of the case without fail.

6. The BLAPL is disposed of.

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

(Sashikanta Mishra) AKB Judge