Bhabani Sankar Pattnaik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.5697 of 2022 Bhabani Sankar Pattnaik ....

Petitioner Mr. S.K.Lenka Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

11.7.2022.

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 22nd May, 2022 in connection with Kantamal P.S. Case No.66/2022 corresponding to Special (NDPS) Case No.18/2022 pending in the court of learned Addl. Sessions Judge-cum-Special Judge, Kantamal, for the alleged commission of the offence under Section 20 (b) (ii) (C) of the NDPS Act.

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4. It is alleged that the Petitioner was travelling in a car in which 50 kgs. 200 grams of contraband ganja was found to have been kept in the dickey. It is submitted that the Petitioner was a passenger having no knowledge about the contents of the dickey. 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 made, the 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 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 Judge

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