Gopal Kumar v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 5227 of 2022 Gopal Kumar ....

Petitioner Mr. B.K. Ragada, Advocate - Versus - State of Odisha ....

Opposite Party Mr. P. Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

22.06.2022 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 since 12.01.2022 in connection with Bhubaneswar GRPS Case No.5 of 2022 corresponding to T.R. No.25 of 2022 pending in the Court of learned Sessions Judge, Khurda for the alleged commission of offence under Section 20(b)(ii)(C) of NDPS Act. 4.

It is alleged that the petitioner and two other persons were carrying contraband ganja in all weighing 32 Kg and 200 grams while they were apprehended. It is submitted that in so far as the petitioner is concerned, only 11 kg 300 grams was recovered from his possession. It is further submitted that the co-accused, Ayub Gamango has been granted bail as per order passed by this Court in BLAPL No.3137 of 2022. 5.

Considering the above fact, the materials on record, the period of detention in custody and the fact that the contraband seized from the possession of the petitioner is less than commercial quantity, being 11 Kg 200 Grams, 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 furnish cash security of Rs.10,000/- (Rupees Ten Thousand) with two local solvent sureties. Further he shall appear before the Court below on each date of posting of the case without fail and he shall not leave the territorial jurisdiction of the Court.

6.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana