Ramesh Dhali v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 5774 of 2022 Ramesh Dhali ....

Petitioner Mr. S. Udgata, Advocate - Versus - State of Odisha ....

Opposite Party Mr. P.K. Maharaj, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

13.07.2022 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 06.12.2021 in connection with Orkel P.S. Case No.207 of 2021 corresponding to Special G.R. Case No.110 of 2021 of the Court of learned Sessions Judgecum-Special Judge, Malkangiri for the alleged commission of offence under Sections 20(b)(ii)(C)/27 of NDPS Act.

4. It is alleged that nothing was seized from the possession of the petitioner and that he was implicated on the basis of the statement of the co-accused persons from whom contraband ganja was seized. A perusal of the FIR clearly reveals that in course of interrogation, the persons, who were apprehended at the spot with the contraband ganja, disclosed the name of the petitioner and two other persons as being the financer.

5. Considering the submissions, materials on record, period of detention in custody and having regard to the ratio laid down by the Supreme Court in the case of Tofan Singh vs. State of Tamil

Nadu, reported in (2020) 80 OCR (SC) 641I, 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