Gobardhan Dalei v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9160 of 2022 Gobardhan Dalei ....

Petitioner Mr. A.R.Panda Advocate -versusState of Odisha ....

Opposite Party Mr. S.K.Mishra, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

29.11.2022.

02.

1. This matter is taken up through hybrid mode. Order No.

2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3. The Petitioner is in custody since 29th August, 2021 in connection with Mudulipada P.S.

Case No.65/2021 corresponding to G.R. Case No.85/2021 pending in the court of learned Sessions Judge-cum-Special Judge, Malkangiri for the alleged commission of the offence under Section 20(b)(ii)(C)/ 25/27/29 of the N.D.P.S. Act.

4. Though the seized contraband is huge being to the tune of 15 quintals of contraband ganja yet, the same cannot be a

// 2 // reason to detain the Petitioner in custody indefinitely. As stated at the bar charge is yet to be framed in the case. The Petitioner has spent nearly one and half years in custody.

5. Taking into consideration all the above facts, the bail application is disposed of by directing the Court below to release the Petitioner on interim bail for a period of two months from the date of his actual release on such terms and conditions as may be fixed by the court in seisin over the matter in the aforesaid case including the condition that he shall not misuse the liberty granted to him.

6. After expiry of the aforesaid period of two months, the Petitioner shall surrender before the court in seisin over the matter, failing which appropriate warrant may be issued for his production.

7. The BLAPL is disposed of.

8. Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) AKB Judge