Dhuruba Bhoi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7176 of 2022 Dhuruba Bhoi ....

Petitioner Mr. S. Panda, Advocate -versusState of Odisha ....

Opposite Party Mr. K.K. Gaya, ASC CORAM: JUSTICE V. NARASINGH

ORDER

22.08.2022 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 No.6 of 2022 (NDPS) arising out of P.R. No. 34 of 2022-23 of OIC, Excise Station, Kantamal, pending in the Court of learned Additional District & Session Judge-cum-Special Judge, Kantamal, under Section 20(b)(ii)(B) of the NDPS Act and is in custody since 21.07.2022.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional District & Sessions Judge, Kantamal, Dist-Boudh, by order dated 23.07.2022 in the aforementioned case, the present BLAPL has been filed. 5.

Perused the order of rejection.

6.

Since the seizure of the contraband (ganja) to the tune of 10 kgs. is admittedly less than the commercial quantity as prescribed, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter. 7.

Additionally, it is directed that one of the sureties shall be immediate family member.

8.

Accordingly, the BLAPL stands disposed of.

9.

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