Debanada Dehury v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.8361 of 2022 Debanada Dehury ....

Petitioner Mrs. R. Biswal, Advocate -versusState of Odisha ....

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

ORDER

27.10.2022 Order No.

02.

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 C.T (Special) NDPS Case No.13 of 2022, pending in the file of Addl. Special Judge, Talcher, arising out of Samal P.S Case No.241 of 2022, for commission of the alleged offence under Section 21(b) of the NDPS Act and is in custody since 22.08.2022.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. Special Judge, Talcher by order dated 25.08.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Considering that the contraband seized (brown sugar) is to the tune of 05 grams 240 mg., which is less than the commercial quantity and considering the submission of the learned counsel for the Petitioner that the Petitioner is the first offender and charge sheet has been filed on 20.10.2022, 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.

Accordingly, the BLAPL stands disposed of.

7.

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