Rama Chandra Patra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7182 of 2022 Rama Chandra Patra ....

Petitioner Mr. A.S. Paul, 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 Bharatpur P.S. Case No.254 of 2022 corresponding to T.R. Case No.243 of 2022, pending in the Court of learned District & Sessions Court, Khurda, under Section 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 District & Sessions Judge, Khurda, Bhubaneswar by order dated 18.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the order of rejection.

6.

Admittedly since the seizure of the contraband (ganja) to the tune of 12.200 kgs is 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 of the accused.

8.

It is submitted by the learned counsel for the petitioner that the petitioner has no criminal proclivity. 9.

While releasing the petitioner on bail the learned court in seisin over the matter shall verify such assertion. If it comes to the fore that the petitioner has any criminal antecedent this order shall stand recalled.

10.

Accordingly, the BLAPL stands disposed of.

11.

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