Josef Gamamgo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.5834 of 2022 Josef Gamango ....

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

Opposite Party Mr.Sitikanta Mishra Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

13.7.2022.

01.

1. This matter is taken up through hybrid mode. Learned Order No.

counsel for the Petitioner is permitted to correct the typographical error in the Bail Application in Court today.

2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3. The Petitioner is in custody since 9th June, 2022 in connection with Badagada P.S.

Case No.105/2022 corresponding to Special G.R. Case No.21/2022 pending in the court of learned Addl. Sessions Judge-cum-Special Judge,

// 2 // Bhanjanagar for the alleged commission of the offence under Section 20 (b) (ii) (C) of the NDPS Act.

4. It is alleged that the Petitioner was in possession of contraband ganja weighing 22 kgs. when he was apprehended by Police. 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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