Bijaya Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6189 of 2022 Bijaya Behera ....

Petitioner Mr. R.K. Das, Advocate -versusState of Odisha ....

Opposite Party Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH

ORDER

25.07.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner and learned counsel for the State.

3.

The petitioner is an accused in T.R. Case No.32 of 2022, on the files of learned District and Session Judge-cum-Special Judge, Sambalpur, arising out of GRPS Sambalpur Case No.48 of 2022, for commission of offences under Sections 20(b)(ii)(B) of N.D.P.S. Act.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Judge (Special Court), Sambalpur, by order dated 28.06.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the order of rejection, state clearly indicates that the allegations against the petitioner and other co-accused carrying contraband to the tune of 11kg 118 g.ms which is admittedly less than commercial quantity.

6.

Considering that the petitioner is a local inhabitant and the quantity of contraband seized and the period of custody, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin of the matter.

7.

Additionally, it is directed that the petitioner shall appear before the jurisdiction Police Station once every week till the submission of final form. The first date of such appearance shall be fixed by the learned Court in seisin over the matter. 8.

It is needless to say here that violation of any of the condition shall entail the cancellation.

9.

Accordingly, the BLAPL stands disposed of.

10.

Urgent certified copy of this order be granted as per the rules.

(V. NARASINGH) Judge Santoshi