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Orissa High CourtBLAPL/5793/2022disposed off

Muna Ansari v. State Of Odisha

2022-07-13Mr. Justice Sashikanta Mishra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 5793 of 2022 Muna Ansari ....

Petitioner Mr. A.S. Paul, Advocate - Versus - State of Odisha ....

Opposite Party Mr. S.K. Mishra, 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 21.05.2022 in connection with Deogarh P.S. Case No.410 of 2022 corresponding to Special G.R. Case No.28 of 2022 of the Court of learned Sessions Judge , Deogarh for the alleged commission of offence under Sections 20(b)(II)(C) of NDPS Act, 1985.

4. It is alleged that the petitioner was apprehended while transporting contraband ganja weighing 20 Kg 100 Grams in a Car.

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