Litu @ Muna Barik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7982 of 2022 Litu @ Muna Barik ....

Petitioner Mr. A.S. Paul, Advocate -versusState of Odisha ....

Opposite Party Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH

ORDER

28.11.2022 Order No.

02.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3.

The petitioner is an accused in connection with T.R. Case No.72 of 2022, pending in the Court of the learned 1st Additional Sessions Judge-cum-Special Judge under NDPS Act, Khordha, arising out of Khurda Model P.S. Case No.380 of 2022, for commission of offences under Sections 21(b)/29 of NDPS Act. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge under NDPS Act, Khurda, by order dated 16.08.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Admittedly since the quantity of the contraband (brown sugar) is to the tune of 10.7gms, which is less than the commercial quantity as prescribed and keeping in view the petitioner is in

custody from 09.08.2022 and filing of charge-sheet on 30.09.2022, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter. 6.

While releasing the petitioner on bail, the learned Court below shall verify assertion regarding criminal antecedents of similar nature. If it comes to the fore that the petitioner has any such criminal antecedent, this order shall stand recalled without any further reference to this Court.

7.

Accordingly, the BLAPL stands disposed of.

8.

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