Prasanta Pradhan v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.7552 of 2022 Prasanta Pradhan ....
Petitioner Mr. S.K.Sahoo Advocate -versusState of Odisha ....
Opposite Party Mr. S.K.Mishra, Addl. Standing Counsel
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER
29.11.2022.
02.
1. This matter is taken up through hybrid mode. Order No.
2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.
3. The Petitioner is in custody since 1st April, 2022 in connection with P.R. No.1 of 2022-23 of EI & EB Unit-II, Cuttack corresponding to 2(a)C.C. No.10/2022 pending in the court of learned Sessions Judge-cum-Special Judge, Cuttack for the alleged commission of the offence under Section 20(b)(ii)(C) of the N.D.P.S. Act.
4. It is alleged that the Petitioner was transporting 150 kgs. Of contraband ganja in a Bolero Pick-up vehicle when he was
// 2 // apprehended by the Police. It is submitted that the Petitioner was the driver and had no knowledge of the goods carried in the vehicle.
5. Considering the fact that commercial quantity of contraband has been seized from the possession of the Petitioner, I am not inclined to allow the prayer for regular bail.
6. However, having regard to the fact that trial has not yet commenced and the Petitioner has spent nearly 8 months in custody, the bail application is disposed of by directing the Court below to release the Petitioner on interim bail for a period of two months from the date of his actual release on such terms and conditions as may be fixed by the court in seisin over the matter in the aforesaid case including the condition that he shall not misuse the liberty granted to him.
6. After expiry of the aforesaid period of two months, the Petitioner shall surrender before the court in seisin over the matter, failing which appropriate warrant may be issued for his production.
7. The BLAPL is disposed of.
8. Urgent certified copy of this order be granted on proper application.
(Sashikanta Mishra) AKB Judge
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