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Orissa High CourtBLAPL/6485/2022allowed

Umesh Sahu v. State Of Odisha

2022-07-27Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6485 of 2022 Umesh Sahu ....

Petitioner Mr. M. Das, Advocate -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 petitioner and learned counsel for the State.

3.

The petitioner is an accused in 2(a)CC Case No.12 of 2022, on the files of learned Special Judge-cum-Additional District and Sessions Judge, Balliguda, arising out of Inspector Exicise Baliguda P.R. Case No.14 of 2022-23, under Section 20(b)(ii)(B) of NDPS Act and is in custody since 27.06.2022.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge-cum-Additional District and Sessions Judge, Balliguda, Dist- Kandhamal, by order dated 05.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

The quantity of contraband being seized (15 kgs), the same being admittedly below the commercial quantity. Taking into account the period of custody and considering the submissions of the learned counsel for the petitioner that the petitioner is the first offender, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin over the matter.

6.

Additionally, it is directed that the petitioner shall appear before the jurisdictional Police Station once in every week till the submission of Charge sheet.

7.

Accordingly, the BLAPL stands disposed of.

8.

Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Judge Santoshi