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Orissa High CourtBLAPL/9700/2022allowed

Arati Swain v. State Of Odisha

2022-10-21Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9700 of 2022 Arati Swain ....

Petitioner Mr. P.K. Das(1), Advocate -versusState of Odisha ....

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

ORDER

21.10.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

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

3.

The petitioner is accused in connection with 2(a) CC Case No.30 of 2022, pending in the file of learned Special Judge, Jharsuguda, arising out of Jharsuguda Excise P.R. No.143 of 202223 dated 23.09.2022, for commission of offences under Section 20(b)(ii)(B) of the N.D.P.S. Act.

4.

Being aggrieved by the rejection of her application for bail U/s.439 Cr.P.C. by the learned Special Judge, Jharsuguda, by order dated 27.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Taking into account that the contraband seized is to the tune of 2Kg 600gms which is admittedly less than the commercial quantity and considering that the petitioner is a lady and her medical document on record, 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.

6.

Accordingly, the BLAPL stands disposed of.

7.

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