Tikan Kumar Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8540 of 2022 Tikan Kumar Pradhan ....

Petitioner Mr. B. Mohapatra, Advocate -versusState of Odisha ....

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

ORDER

20.09.2022 Order No.

01.

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.15 of 2022, pending in the file of learned Additional Special Judge, Talcher arising out of P.R. Case No.53 of 2022-23, offence under Sections 20(b)(ii)(B) of the NDPS Act.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Special Judge, Talcher by order dated 01.09.2022 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 2 Kgs 200 Grams gms 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.

7.

It is submitted by the learned counsel for the petitioner that the petitioner has no criminal antecedent of similar nature except that he is an accused in a case under Section 498-A of IPC. While enlarging the petitioner on bail the learned court in seisin over the matter shall verify that there are any other antecedents. If it comes to the fore that apart from the 498-A of IPC case, there are any other antecedents this order shall stands recalled. 8.

Accordingly, the BLAPL stands disposed of.

9.

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