Babula Sethy v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.4607 of 2022 Babula Sethi ....

Petitioner Mr. P.S. Nayak Advocate -versusState of Odisha ....

Opposite Party Mr. S.K.Mishra Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

24.9.2022.

03.

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 September, 2021 in connection with Chandrapur P.S.

Case No.7/2021 corresponding to T.R. Case No.40/2021 pending in the court of learned Addl. Sessions Judge-cum-Special Judge, Gunupur for the alleged commission of the offence under Sections 20(b)(ii)(C)/25/29 of N.D.P.S. Act.

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4. It is submitted that the Petitioner has been implicated on the basis of the statement of co-accused. The co-accused Ananta Tangaranga was found in possession of 90 kgs. of contraband ganja and on interrogation he disclosed that he used to cultivate cannabis plants in his land and as per contract he was preparing to sell the seized ganja to the present Petitioner @ Rs.2000/- per kg.

5. Considering the fact that except for the statement of the coaccused, there is no other material to link the Petitioner with the alleged occurrence, 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 personally 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