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Orissa High CourtBLAPL/8695/2022allowed

Prava @ Pravat Sethy v. State Of Odisha

2022-12-22Mr. Justice V. Narasingh2 pages

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IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.8695 of 2022 Prava @ Pravat Sethy ....

Petitioner Mr. S.K. Bhanjadeo, Advocate -versusState of Odisha ....

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

ORDER

22.12.2022 Order No.

02.

1.

Heard learned counsel for the Petitioner and learned counsel for the State.

2.

The Petitioner is an accused in T.R Case No.67 of 2022, pending on the file of learned 1st Addl. Sessions Judge-cum-Special Judge under NDPS Act, Khurda, arising out of Baghamari P.S. Case No.92 of 2022 for commission of the offence under Section 21(b)/29 of the N.D.P.S Act.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge under NDPS Act, Khurda by order dated 23.08.2022 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the Petitioner is in custody since 18.08.2022 and charge sheet has been filed on 21.09.2022.

5.

It is further submitted that the basis of implication is on account of the co-accused statement and admittedly the contraband (brown sugar) seized is less than the commercial quantity.

6.

Learned counsel for the State opposes the prayer for bail. 7.

Considering the age of the Petitioner and filing of charge sheet, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin over the matter. 8.

Accordingly, the BLAPL stands disposed of.

9.

Urgent certified copy of this order be granted as per the rules.

(V. NARASINGH) Judge PKS