Sanjit Tandia @ Basu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 5287 of 2022 Sanjit Tandia @ basu ....

Petitioner Mr. S. K. Jena, Advocate - Versus - State of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

27.06.2022 Order No.

1.

This matter is taken up through hybrid mode.

1.

2.

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

3.

The petitioner is in custody since 04.03.2022 in connection with Attabira P.S. Case No.83 of 2022 corresponding to C.T. (Spl.) Case No.17 of 2022 pending in the Court of learned District & Sessions Judge-cum-Special Judge, Bargarh for the alleged commission of offence under Sections 20(b)(ii)(C) /29 of NDPS Act.

4.

Though it is alleged that the petitioner is involved in the alleged occurrence of transportation of ganja weighing 65 Kg 700 grams, yet from the FIR it is revealed that nothing was seized from the exclusive and conscious possession of the petitioner and he was alleged by escorting the vehicle in which the contraband was kept. It is submitted that the petitioner was simply riding a motorcycle when he was apprehended by the police and there is no independent material to show that he was involved in the alleged occurrence.

5.

Considering the submissions as above, the materials on record and the period of detention in custody, 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 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