Prakash Lima v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6609 OF 2022 Prakash Lima .........

Petitioner Mr.S.K.Dash, Adv.

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

Opposite Party Mr. K.K.Gaya, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

29.07.2022 Order No.

01.

1.

This matter is taken up through Hybrid Mode.

2.

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

3.

The Petitioner is an accused in connection with P.R. Case No.51 of 2022-23 corresponding to 2(a) CC No. 7 of 2022, pending on the file of learned Special Judge, Guajapati at Parlakhemundi, 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 Special Judge, Gajapati, Parlakhemundi by order dated 4.07.2022 in 2(a)CC No.7 of 2022, the present BLAPL has been filed.

5.

The petitioner is stated to be in custody since 24.06.2022. 6.

On perusal of the order of rejection it is seen that the contraband Ganja, i.e., seized to the tune of 19Kgs. 100 grams, which is admittedly below the commercial quantity.

7.

Considering the nature of accusation as revealed from the impugned order and taking into account the period of custody and that the petitioner is a local inhabitant, this Court directs that the petitioner to be released on bail on such terms to be fixed by the learned court in seisin over the matter.

8.

Additionally, it is directed that the petitioner shall appear before the I.O. once every week till submission of the Final Prosecution Report, and such appearance shall be intimated to the learned court in seisin over the matter. Violation of such appearance shall entail cancellation of bail.

9.

Accordingly, the BLAPL stands disposed of.

10.

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