Dhaneswar Meher v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6459 OF 2022 Dhaneswar Meher .........

Petitioner Mr. B.R.Tripathy, Adv.

-versusState of Odisha ............

Opposite Party Mr. A.Pradhan, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

27.07.2022 Order No.

01.

1.

This matter is taken up through Hybrid Mode.

2.

Heard learned counsel for the parties.

3.

The Petitioner is an accused in connection with Special (NDPS) Case No. 21 of 2022 arising out of Manamunda P.S. Case No. 97 of 2022 on the file of learned Addl. District & Sessions Judge, Kantamal, registered for the alleged commission of offence under Sections 20(b)(ii)(B) of the NDPS Act.

4.

Being aggrieved by the rejection of his application for bail U/s 439 Cr.P.C. by the learned Addl. District & Sessions Judge, Kantamal, by order dated 30.06.2021, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the petitioner that since the Charge-sheet has already been submitted in the meanwhile and the petitioner being a local person, there is no chance of his absconding and from the quantity of contraband

seized, the bar contained under Section 37 of the NDPS Act, is not attracted.

6.

Taking into account that the contraband is to the tune of 10Kgs of (Ganja), which is admittedly less than the commercial quantity and the petitioner is a local inhabitant, this Court directs that the Petitioner shall be released on bail on such terms to be fixed by the learned court in seisin over the matter. 7.

Additionally, it is directed that the petitioner shall appear before the local Police Station once every seven days till submission of the Charge-sheet.

8.

Accordingly, the BLAPL stands disposed of.

9.

Issue urgent certified copy of this order as per Rules. ( V.Narasingh ) Judge Dhal