Tapan Kumar Sahu @ Tapan Kumar Sahoo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 5741 of 2022 Tapan Kumar Sahu @ Tapan Kumar Sahoo ....

Petitioner Mr. S.K. Bhanjadeo, Advocate - Versus - State of Orissa ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

12.07.2022 1.

This matter is taken up through hybrid mode.

Order No.

01.

2.

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

3.

The petitioner is in custody since 02.05.2022 in connection with Phiringia P.S. Case No.69 of 2022 corresponding to Special C.T. Case No.26 of 2022 pending in the Court of learned Sessions Judge-cum-Special Judge, Phulbani for the alleged commission of offence under Sections 20(b)(II)(C)/29 of NDPS Act. 4.

It is alleged that the petitioner was transporting contraband ganja weighing 50 Kgs along with some other persons in two cars when all of them were detained 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 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.

7.

BLAPL is accordingly disposed of.

8.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana