Hari Das @ Nari v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7548 OF 2022 Hari Das @ Nari .........

Petitioner Mr. M.K.Mohapatro, Adv.

-versusState of Odisha .........

Opposite Party Mr.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 parties.

3.

The petitioner is an accused in connection with C.T. Spl. NDPS Case No. 10 of 2022 arising out of Samal Barrage P.S. Case No. 205 of 2022, pending on the file of the learned Special Judge-cum-Addl. District & Sessions Judge, Talcher for the alleged commission of offence under Section 21(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 Addl. Special Judge, Talcher by Order dtd.30.07.2022, the present BLAPL has been filed.

5.

Learned counsel for the petitioner submits that petitioner has no proclivity.

6.

Taking into account that the contraband was the (Cough Syrup) being to the tune of 10.6 grams, which is less than the prescribed quantity of 1 Kg. and considering the period of custody from 28.07.2022, 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.

While so releasing learned court in seisin over the matter to check the veracity of the submission of the learned counsel for the petitioner. If it comes to the fore that the petitioner has any criminal proclivity, the present order stands recalled.

8.

The BLAPL thus stands disposed of.

9.

Urgent certified copy of this order be granted as per rules.

( V.Narasingh ) Dhal Judge