Satya Khara v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 5641 of 2022 Satya Khara & Another ....

Petitioners Mr. D. Sethi, Advocate - Versus - State of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

06.07.2022 Order No.

1. This matter is taken up through hybrid mode. 1.

2.

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

3.

The petitioners are in custody since 18.04.2022 in connection with Baipariguda Case No.93 of 2022 corresponding to T.R. Case No.18 of 2022 of the Court of learned Sessions Judge-cum-Special Judge, Koraput at Jeypore for the alleged commission of offence under Sections 21(b)(ii)(C) of NDPS Act, 1985. 4.

It is alleged that the petitioners were transporting contraband ganja weighing 26 Kg 900 grams when they were apprehended by Police.

5.

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. 6.

Considering the submissions, materials on record and the period of detention in custody, I am inclined to allow the prayer for bail. Let the petitioners 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 they shall personally appear before the trial Court on each date of posting of the case without fail.

7.

BLAPL is accordingly disposed of.

8.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana