Baijnath Ram v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8561 of 2022 Baijnath Ram ....

Petitioner Mr. A.K. Budhia, Advocate -versusState of Orissa ....

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

ORDER

22.11.2022 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 connection with 2 (a) C.C Case No.12 of 2022, pending in the Court of the learned District & Sessions Judge-cum-Special Judge, Sundargarh, arising out of Sadar Sundargarh P.R. No.22 of 2022-23, for alleged commission of offences under Section 20(b)(ii)(B) of the N.D.P.S. Act. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge, Sundargarh, by order dated 27.08.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Admittedly since the quantity of the contraband (Ganja) is to the tune of 9Kgs, which is less than the commercial quantity as prescribed and keeping in view the petitioner is in custody from

27.06.2022 and final P.R. has been submitted on 26.08.2022, 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.

Learned Court is called upon to impose condition so as to ensure the presence of the petitioner on each date of trial, since the petitioner does not live within the jurisdiction of the Court in seisin. 7.

Accordingly, the BLAPL stands disposed of.

8.

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