Satyanarayan Chhatria v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8026 of 2021 Satyanarayan Chhatria ....

Petitioner Mr. R.N. Biswal, Advocate - Versus - State of Odisha ....

Opposite Party Mr. P. Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

02.08.2022 1.

This matter is taken up through hybrid mode.

Order No.

06.

2.

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

3.

The petitioner is in custody since 27.06.2021 in connection with Kesinga P.S. Case No.236 of 2021 corresponding to C.T.(SA) Case No.32 of 2021 pending in the Court of learned District & Sessions Judge-cum-Special Judge, Kalahandi, Bhawanipatna for the alleged commission of offence under Sections 20(b)(ii)(c)/ 29 of NDPS Act.

4.

It is alleged that the petitioner and another person were transporting contraband ganja in a car when they were apprehended by police. The quantity of contraband seized from the car is said to be 78 Kg 500 Grams.

5.

It is submitted that the statutory formality relating to search and seizure has not been followed. Moreover, the mode of weighment of the contraband article is also doubtful. It is further submitted that the accused has already been released on bail as per order passed by this court in BLAPL No. 7607 of 2021.

6.

Considering the above facts and the period of detention in custody, I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that he shall personally appear before the trial Court on each date of posting of the case without fail. 7.

BLAPL is accordingly disposed of.

8.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana