Madhusudan Ratha v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7645 of 2022 Madhusudan Ratha ....

Petitioner Mr. S. Panda, Advocate -versusState of Odisha ....

Opposite Party Mr. K.K. Gaya, 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 P.R. No.281 of 2022-23of EI & EB Unit-II (N.D.) Sambalpur, Sub-Inspector Excise corresponding to 2(a)CC No.21 of 2022, pending in the Court of learned Sessions Judge-cum-Special Court, Jharsuguda, , under Section 20(b)(ii)(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 Special Judge, Jharsuguda, by order dated 23.07.2022 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 2 Kgs 800gm is less than the commercial quantity as

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

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

8.

Accordingly, the BLAPL stands disposed of.

9.

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