Sangram Samantaray @ Titan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 5342 of 2022 Sangram Samantaray @ Titan ....

Petitioner Mr. A.S. Paul, Adv.

-Versus - State of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 16.09.2022 1.

This matter is taken up through hybrid mode.

Order No.

03.

2.

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

3.

The petitioner is in custody since 23.05.2022 in connection with Khurda P.S. Case No.237 of 2022 corresponding to T.R. Case No.50 of 2022 of the Court of learned 1st Addl. Sessions Judge, Khurda for the alleged commission of offence under Sections 21(c)/29 of NDPS Act.

4.

The prosecution case is that one Nanda Kishore Sahoo @ Nandu was caught red handed while he was attempting to sell brown sugar weighing 310 grams. The petitioner and some other persons were present at the spot. On search in presence of the Executive Magistrate, nothing was recovered from the possession of the petitioner. The seizure of the entire contraband was from the personal possession of the said Nanda Kishore Sahoo. The seizure list prepared at the spot by the raiding party also mentions so. The petitioner is portrayed as a seller but there is no material to

substantite the same.

5.

Taking into account all the above fact, 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 court below on each date of posing of the case without fail.

6.

The BLAPL is accordingly disposed of.

7.

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

(Sashikanta Mishra) Judge A.K. Rana