Amulya Kumar Swain v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9647 of 2022 Amulya Kumar Swain ....

Petitioner None -versusState of Odisha ....

Opposite Party Mr. Karunakar Gaya, ASC CORAM: JUSTICE V. NARASINGH

ORDER

20.10.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

None appears for the petitioner when the matter is called. 3.

The petitioner is an accused in Spl. G.R. Case No.64 of 2022, pending in the file of learned Sessions Judge-cum-Spl. Judge, Puri, arising out of Baseli Sahi P.S. Case No.103 of 2022, offence under Sections 21(C)/29 of NDPS Act and is in custody since 05.05.2022.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Spl. Judge, Puri by order dated 05.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the order of rejection.

6.

It is seen that the contraband seized (Brown Sugar) is more than commercial quantity and the consideration by the learned Court in seisin over the matter was during the course of

investigation, this Court is not inclined to entertain this bail application at this stage.

7.

It shall be open to the petitioner to move the learned Court in seisin over the matter after filing of charge sheet and same shall be considered on its own merits without being influenced by the earlier rejection or the order passed by this Court. 8.

Accordingly, the BLAPL stands disposed of.

9.

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