Prasant Kumar Nayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 4721 of 2022 Prasant Kumar Nayak & Another ....

Petitioners Mr. S.R. Das, Advocate - Versus - State of Odisha ....

Opposite Party Mr. A.K. Beura, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

02.06.2022 1.

This matter is taken up through hybrid mode.

Order No.

1.

2.

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

3.

The petitioners are in custody since 28.04.2022 in connection with Chhend P.S.

Case No.94 of corresponding to Special G.R. Case No.25 of 2022 pending in the Court of learned 1st Addl. District Judge, Rourkela for the alleged commission of offence under Sections 20(b)(ii)(C) of NDPS Act.

4.

The allegation is that the petitioners along with others were transporting contraband ganja weighing 22 Kg 200 grams. 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, I am inclined to allow the prayer for bail. Let the petitioners 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 they

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. Rana