Gayadhar Dalei v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8087 of 2022 Gayadhar Dalei ....

Petitioner Mr. S. Dwibedi, Advocate -versusState of Orissa ....

Opposite Party Mr. M. Mishra, ASC CORAM: JUSTICE V. NARASINGH

ORDER

12.12.2022 Order No.

02.

1.

Heard learned counsel for the petitioner and learned counsel for the State.

2.

The petitioner is an accused in connection with Special 2(a) CC Case No.16 of 2022, pending in the file of learned Special Judge, Nayagarh, arising out of P.R. No.19 of 2022-23 of Inspector of Excise, District Mobile Squad, Nayagarh, for alleged commission of offences under Section 21(b) of the N.D.P.S. Act. 3.

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

4.

Admittedly since the quantity of the contraband (brown sugar) is to the tune of 116gms, which is less than the commercial quantity as prescribed and keeping in view that the petitioner is in custody since 15.07.2022 and submission of final P.R. on

10.09.2022, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter. 5.

While releasing the petitioner on bail, the learned Court in seisin over the matter shall verify assertion regarding criminal antecedents of similar nature. If it comes to the fore that the petitioner has such criminal antecedent, this order shall stand recalled.

6.

Accordingly, the BLAPL stands disposed of.

7.

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