Pitabash Gamanga v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7530 of 2022 Pitabash Gamanga ....

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

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

ORDER

25.08.2022 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 Excise EI & EB Unit-II(SD) Berhamur P.R. No. 436 of 2022-23 corresponding to 2(a) CC Case No. 5 of 2022(N), pending on the file of learned Addl. Sessions Judge-cum-Special Judge, Khallikote for the alleged commission of offence 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, Khallikote, by order dated 29.07.2022, the present BLAPL has been filed. 5.

Perused the order of rejection.

6.

Considering the quantity of contraband seized to the tune of 14 Kgs. of contraband (Ganja), which is admittedly less than

commercial quantity and the period of custody 22.07.2022, 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.

8.

Violation of such appearance 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