Ashok Palei v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6686 of 2022 Ashok Palei ....

Petitioner Mr. A.K. Das 1, Advocate -versusState of Odisha ....

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

ORDER

16.08.2022 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 T.R. Case No.9/4 of 2007, on the files of 2nd Additional Sessions Judge, Puri, arising out of Puri Town P.S. Case No.325 of 2006, offence under Sections 20(b)(ii)(A) of the NDPS Act.

4.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned 2nd Additional Sessions Judge, Puri, by order dated 25.04.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the report submitted by the learned 3rd Additional Sessions Judge Puri regarding the stage of trial. 6.

It is submitted that the petitioner is accused of possessing contraband (ganja) of 500 grams for which the punishment

prescribed is 6 months in terms of the Section 20(b)(ii)(A) of the NDPS Act.

7.

Taking note of such submission since the petitioner is already in custody for more than the period of punishment prescribed, 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 including that one of the sureties shall be immediate family member.

8.

Additionally, it is directed that the petitioner shall appear before the jurisdictional Police Station once every 15 days till the conclusion of the trial.

9.

Accordingly, the BLAPL stands disposed of.

10.

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