Rabindra Sahu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 5396 of 2022 Rabindra Sahu ....

Petitioner Mr. J. Sahoo, Advocate - Versus - State of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

23.09.2022 Order No.

03.

1.

This matter is taken up through hybrid mode.

2.

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

3.

The petitioner is in custody since 28.05.2022 in connection with Polasara P.S. Case No.215 of 2022 corresponding to G.R. Case No.08 of 2022(N) pending in the Court of learned Addl. District & Sessions Judge-cum- Special Judge, Kodala for the alleged commission of offence under Section 20(b)(ii)(C)/29 of NDPS Act.

4.

It is alleged that the petitioner and two other persons were transporting contraband ganja weighing 72 Kg 600 grams in a car when they were apprehended by police. It is submitted that the statutory formality relating to search and seizure has not been followed. Moreover, the mode of weighment of the contraband article is also doubtful.

5.

Considering the submissions, materials on record and the period of detention of the petitioner 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