Amar Kumar Behera @ Amar Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8359 of 2022 Amar Kumar Behera @ Amar Behera and another ....

Petitioners Mr. L. Achari, Advocate -versusState of Odisha ....

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

ORDER

15.09.2022 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 Spl. G.R. Case No.31 of 2022, pending in the file of learned Additional District and Sessions Judge-Special Judge, Bhanjanagar, Ganjam, arising out of Surada P.S. Case No.249 of 2022, offence under Sections 20(b)(ii)(B) of the NDPS Act.

4.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Special Judge, Bhanjanagar by order dated 20.08.2022 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 12 kgs 300 gms. is admittedly less than the commercial quantity as prescribed and the petitioners being first offender, 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.

Accordingly, the BLAPL stands disposed of.

8.

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