Aftab Alam v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7442 of 2022 Aftab Alam & Another ....

Petitioners Mr. B.P. Pradhan, Advocate -versusState of Odisha ....

Opposite Party Mr. K.K. Gaya, 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 petitioners are accused in Excise Station, Kantamal, P.R. No.33 of 2022-23, corresponding to 2(a) CC No.05 of 2022, pending in the Court of learned District & Sessions Judge, Kantamal, Boudh, under Section 20(b)(ii)(B) of the NDPS Act. 4.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional District & Sessions Judge, Kantamal, by order dated 22.07.2022 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 11 kg. is less than the commercial quantity as

prescribed, this Court directs the petitioners to be released on bail on such terms to be fixed by the Court in seisin over the matter. 7.

It is submitted by the learned counsel for the petitioner that the petitioners have no criminal proclivity. 8.

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

9.

Accordingly, the BLAPL stands disposed of.

10.

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