Narayan Manahira v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 4637 of 2022 Narayana Manahira ....

Petitioner Mr. A. Das, Advocate - Versus - State of Odisha ....

Opposite Party Mr. K. Nayak, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

31.05.2022 1.

This matter is taken up through hybrid mode.

Order No.

1.

2.

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

3.

The petitioner is in custody in connection with Boudh P.S. Case No. 75 of 2019 corresponding to Special Case (NDPS) No. 101 of 2019 pending in the Court of learned Sessions Judge-cum-Special Judge, Boudh for the alleged commission of offence under Sections 20(b)(ii)(C) of NDPS Act. 4.

The allegation is that the petitioner was found in possession of contraband ganja weighing 42.5 Kg. 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 without commencement of trial, 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. Pradhan