Sujana Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 1463 of 2022 Sujana Behera ....

Petitioner Mr. Niranjan Panda, Advocate -VersusState of Odisha & Another ....

Opposite Parties Mr. T.K.Praharaj, SC

CORAM:

JUSTICE R.K.PATTANAIK Order No.

ORDER

24.08.2022 01.

1.

Heard.

2.

Admit.

3.

Learned ASC accepts notice for the State.

4.

Learned counsel for the petitioner submits that there is no evidence against the petitioner to show his involvement and has been implicated simply on the ground that the contraband substance was recovered from bed room of his house. It is further submitted that his son is also involved and presently in judicial custody.

5.

Learned counsel for the State, on the other hand, submits that there is sufficient material to show regarding the involvement of the petitioner since he happens to be the father of the other accused and the charge sheet has been filed showing him as an absconder.

6.

At this juncture, without pressing the matter on merits, the learned counsel for the petitioners submits that the petitioner may be directed to surrender and to go on bail considering the

fact that the quantity of contraband ganja is slightly more than the commercial which was 20 kgs. 250 grams only. 7.

Having heard to the submissions of the learned counsel for the parties, the Court is not inclined to interfere with the impugned order of cognizance and hence, the CRLMC stands dismissed. However, the petitioner against whom the NBW/A is stated to have been issued by the court below is hereby directed to surrender on or before 9th September, 2022 in connection with Spl. Case No. 38 of 2020 which corresponds to C.T. Case No. 542of 2020 and in such an event, he shall be released on bail with conditions as deemed to be just and appropriate. 8.

Consequently, the CRLMC stands dismissed.

(R.K.Pattanaik) Judge Kabita