Tapan Pani v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 5940 of 2022 Tapan Pani ....

Petitioner Mr. S.K. Dash, Advocate -Versus - State of Odisha ....

Opposite Party Mr.M.R. Mishra, Additional Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 15.09.2022 1.

This matter is taken up through hybrid mode.

Order No.

02.

2.

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

3.

The petitioner is in custody since 30.03.2022 in connection with 2(a) CC Case No. 03 of 2022 corresponding to P.R. Case No. 55 of 2021-22 pending in the court of learned Special Judge, Gajapati at Parlakhemundi for the alleged commission of offence under Sections 20(b)(ii)(C) of NDPS Act.

4.

It is alleged that the petitioner was detained by the Excise officials when he was in possession of 30 kgs of contraband ganja. It is submitted that the statutory formalities were not complied before search and seizure and the method of weighment of the seized article is also questionable. 5.

Considering the above facts as also 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.

6.

The BLAPL is accordingly disposed of.

7.

Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) Judge B.C. Tudu