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Orissa High CourtBLAPL/7621/2022allowed

Manu @ Manas Kumar Nayak v. State Of Odisha

2022-08-26Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7621 of 2022 Manu @ Manas Kumar Nayak ....

Petitioner Mr. R.K. Mohanty, Advocate -versusState of Odisha ....

Opposite Party Mr. N.K. Praharaj, ASC CORAM: JUSTICE V. NARASINGH

ORDER

26.08.2022 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 C.T.(N.D.P.S) Case No.13 of 2022, on the files of learned District & Sessions-cum-Special Judge, Jajpur, arising out of Dharmasala P.S. Case No.395 of 2022, under Sections 20(b)(ii)(B) of NDPS Act.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned District & Sessions-cum-Special Judge, Jajpur, by order dated 26.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the impugned order of rejection.

6.

Admittedly seizure of the contraband (ganja) is to the tune of 3kg. 255 grams, which is admittedly less than the commercial quantity as prescribed.

7.

Taking note of the same, this Court directs the petitioner to be released on bail on such terms and conditions to be fixed by the learned Court in seisin over the matter.

8.

Additionally, it is directed that one of the sureties shall be immediate family member of the petitioner.

9.

Accordingly, the BLAPL stands disposed of.

10.

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