Samir Mahapatra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7337 of 2022 Samir Mahapatra ....

Petitioner Mr. D.Mohapatra, Advocate -versusState of Odisha ....

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

ORDER

24.08.2022 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 connection with C.T. Case No. 47 of 2022 arising out of K.Nuagaon P.S. Case No. 61 of 2022, pending on the file of learned Special Judge-cum ADJ, Baliguda, District-Kandhamal, under Sections 20(b)(ii)(B) of N.D.P.S. Act. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge-cum- ADJ, Baliguda by order dated 16.07.2022, the present BLAPL has been filed. The petitioner is stated to be in custody 12.07.2022. 5.

Perused the order of rejection.

6.

Considering the quantity of contraband seized to the tune of 13 Kgs 200 gram contraband (Ganja), which is admittedly less than commercial quantity and the period of custody, 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. 7.

Additionally, it is directed that he shall appear before the jurisdictional Police Station once every month till conclusion of trial and one of the sureties shall be the immediate family member of the petitioner.

8.

Violation of any of the conditions shall entail cancellation of bail.

9.

Accordingly, the BLAPL stands disposed of.

10.

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