Padma Charan Mohanty v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.5050 of 2022 Padma Charan Mohanty ....

Petitioner Mr. L. Dash Advocate -versusState of Odisha ....

Opposite Party Mr.P. K.Maharaj, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

20.6.2022.

Order No.

01.

1. This matter is taken up through hybrid mode.

2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3. The Petitioner is in custody since 12th May, 2022 in connection with 2(a) C.C. Case No.198/2022 arising out of Inspector of Excise, EI & EB Unit-II (SD), Berhampur P.R. No.133/2022-23 pending in the court of learned S.D.J.M., Berhampur for the alleged commission of the offence under Section 52(a)(i) & 62 (i) of the Odisha Excise Act.

4. It is alleged that the Petitioner was carrying hemp (bhang) weighing 1550 kg. in a truck. It is submitted that the Petitioner is driver by profession and in bonafide belief had carried the

// 2 // packed goods on hire without having any knowledge as to the contents thereof.

5. Having regard to the submissions as above, the materials on record and the fact that the investigation appears to have progressed substantially, 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 before the trial court on each date of posting of the case and in case of even a single default, necessary orders shall be passed by the court to take him to custody again.

6. The BLAPL is disposed of.

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

(Sashikanta Mishra) AKB Judge