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Orissa High CourtBLAPL/8657/2022allowed

Jogeswar Samal @ Tuna v. State Of Odisha

2022-09-21Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8657 of 2022 Jogeswar Samal @ Tuna ....

Petitioner Mr. C. Rout, Advocate -versusState of Odisha ....

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

ORDER

21.09.2022 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.(spl.) NDPS Case No.14 of 2022, pending in the file of learned Spl. Judge-cumDistrict and Sessions Judge, Talcher, arising out of Barrage P.S. Case No.246 of 2022, offence under Sections 21(b) of NDPS Act and is in custody since 01.09.2022.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions 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 (Codeine Cough Syrup) to the tune of 14grams 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.

Taking into account the criminal proclivity of the petitioner as stated by the learned counsel for the State, it is directed that the petitioner shall appear before the jurisdictional police station once every week till the conclusion of investigation. 8.

Accordingly, the BLAPL stands disposed of.

9.

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