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Orissa High CourtBLAPL/6554/2022allowed

Likun Digal v. State Of Odisha

2022-07-28Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6554 of 2022 Likun Digal ....

Petitioner Mr. B.P. Chhualsingh, Advocate -versusState of Odisha ....

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

ORDER

28.07.2022 Order No.

02.

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) C.C. Case No.11 of 2022, on the files of learned Special Judge-Cum-A.D.J. Balliguda, Dist-Kandhamal, arising out of P.R. Case No.26 of 2022-23, under Section 20(b)(ii)(B) of the N.D.P.S. Act and is in custody since 18.06.2022.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge-cum-A.D.J. Balliguda, Dist-Kandhamal, by order dated 21.06.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Admittedly the quantity of contraband being seized (15 kgs) below the commercial quantity. Taking into account the age of the petitioner and he being a local person and period of custody, this Court directs the petitioner to be released on bail. 6.

The learned Court in seisin over the matter to fix the terms including that he shall appear before the Excise Financial once in every week till the submission of final P.R. and while releasing the petitioner on bail one of the sureties shall be his immediate family member.

7.

Accordingly, the BLAPL stands disposed of.

8.

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