Keshab Sahani v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.5333 of 2022 Keshab Sahani ....

Petitioner Mr. B. Tripathy Advocate -versusState of Odisha ....

Opposite Party Mr. S.K.Mishra Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

27.6.2022.

01.

1. This matter is taken up through hybrid mode. Order No.

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

3. The Petitioner is in custody since 16th November, 2021 in connection with Aska P.S. Case No.741/2021 corresponding to G.R. Case No.27/2021(N) pending in the court of learned Addl. Sessions Judge-cum-Special Judge, Aska, for the alleged commission of the offence under Section 20 (b) (ii) (C) of the NDPS Act and Section 25(1-B) (a) of the Arms Act.

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4. As per the prosecution allegation, the Petitioner and five other persons were travelling in a car carrying 45 kgs. 600 grams of contraband ganja when they were detained by staff of Aska Police. It is not clear from the materials on record as to from whose possession the contraband was seized. It also appears that some of the occupants of the vehicle fled away from the spot.

5. Considering all above aspects as also taking into account the period of detention of the Petitioner in custody without commencement of trial, 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 c Judge

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