Manik Adkatia v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 4882 OF 2021 Manik Adkatia .........

Petitioner Mr. Srinibas Sahoo, Advocate -versusState of Odisha ............

Opposite Party Mr. K.K. Gaya, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

22.04.2022 Order No.

05.

1.

This matter is taken up through Hybrid Mode.

2.

The petitioner is an accused in connection with T.R. Case No. 31 of 2021 corresponding to Koraput Town P.S. Case No. 74 of 2021, pending on the file of the learned Asst.. Sessions Judgecum-Special Judge, Koraput, for the alleged commission of offence under Sections-20(b)(ii)(C)/29 of the NDPS Act, and he is in custody since 13.03.2021.

3.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C. by the learned Additional District & Sessions Judge -Cum- Special Judge, Koraput by Order dtd. 26.05.2021 in T.R. No. 31 of 2021, the present BLAPL has been filed.

4.

Heard Mr. Srinibas Sahoo, learned counsel for the petitioner and Mr. K.K. Gaya, learned Additional Standing Counsel for the State.

5.

It is stated by the Learned counsel for the petitioner that, the contraband Ganja to the tune of 60 kg 300gm was seized from the vehicle, which was being driven by the petitioner. 6.

Learned counsel for the State on the basis of recitals in the Case Diary submits that, the vehicle from which the petitioner is a driver from which 60 Kg. Ganja was seized, was escorting another vehicle carrying contraband Ganja to tune of 1691 KG 900gm.

7.

Taking into account the allegation as made in the Case Diary and in view of the specific bar under Section 37 of the NDPS Act, this Court is not inclined to entertain this bail application at this stage.

8.

The BLAPL accordingly stands dismissed.

9.

It shall be open to the petitioner to move for bail at a later stage, if so advised. .

( V.Narasingh ) Balaram Judge