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Orissa High CourtBLAPL/7699/2022allowed

Dayasagar Bag @ Daya v. State Of Odisha

2022-08-29Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7699 of 2022 Dayasagar Bag @ Daya ....

Petitioner Mr. A.K. Nayak, Advocate -versusState of Odisha ....

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

ORDER

29.08.2022 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. (Special) Case No.47 of 2022, pending in the file of learned Sessions Judge, Bargarh, arising out of Bargarh Sadar P.S. Case No.207 of 2022 under Section 21(b) of the NDPS Act and is in custody since 08.07.2022. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Session Judge-cum-Judge Special Court, Bargarh by order dated 19.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the order of rejection.

6.

Since the seizure of the Eskuf Cough Syrup bottled of Codeine Phosphate is admittedly 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 petitioner.

8.

Accordingly, the BLAPL stands disposed of.

9.

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