Md Inzamul Haq v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.7988 of 2022 Md. Inzamul Haq ....

Petitioner Mr. D.K. Sahoo, Advocate -versusState of Odisha ....

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

ORDER

11.11.2022 Order No.

03.

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 T.R Case No.113 of 2022, pending in the file of Sessions Judge-cum-Special Judge, Kendrapara, arising out of Kendrapara Town P.S Case No.136 of 2022, for commission of the alleged offence under Section 21(b)/29 of the N.D.P.S Act and is in custody since 07.08.2022. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge, Kendrapara by order dated 17.08.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Since the seizure of the contraband (brown sugar) to the tune of 9.57 grams 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.

6.

While enlarging the Petitioner on bail, learned court below shall verify assertion regarding his criminal proclivity. If it comes to the fore that the Petitioner has any criminal antecedent of similar nature, this order shall stand recalled.

7.

Accordingly, the BLAPL stands disposed of.

8.

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