Gobinda Bibhar v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7723 of 2022 Gobinda Bibhar and another ....

Petitioners Mr. S.K. Jena, Advocate -versusState of Odisha ....

Opposite Party Mr. A. Pradhan, 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 petitioners and learned counsel for the State.

3.

The petitioners are accused in G.R. Case No.26 of 2022, pending in the file of learned Additional Sessions Judge-cumSpecial Judge, Titlagarh, arising out of Titlagarh P.S. Case No.142 of 2022 under Section 20(b)(ii)(B) of the NDPS Act and is in custody since 19.05.2022.

4.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge-cumSpecial Judge, Titlagarh by order dated 21.06.2022 in the aforementioned case, the present BLAPL has been filed. 5.

Perused the order of rejection.

6.

Since the seizure of the contraband (ganja) to the tune of 14 kgs 950 gms is admittedly less than the commercial quantity as

prescribed, this Court directs the petitioners 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.

8.

Accordingly, the BLAPL stands disposed of.

9.

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