Jagannath Digal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9196 of 2021 Jagannath Digal ....

Petitioner Mr. Amlan Shakti Paul, Advocate -versusState of Odisha ....

Opposite Party Miss S.Mishra, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

04.01.2022.

Order No.

01.

1. This matter is taken up through hybrid mode.

2. Heard Mr. Amlan Shakti Paul, learned counsel for the Petitioner and Miss S.Mishra, learned Addl. Standing Counsel for the State.

3. The Petitioner is in custody since 1st October, 2021 in connection with Khurda P.R. Case No.32/2021 pending in the court of learned 1st Addl. Sessions Judge-cum-Special Judge

// 2 // under NDPS Act, Khurda corresponding to T.R. Case No.139/2021 for the alleged commission of the offence under Sections 20(b)(ii)(B) of NDPS Act. It is alleged that on 1st October, 2021 the Excise staff recovered 9.200 grms of ganja from the exclusive and conscious possession of the Petitioner.

4. It is submitted that the Petitioner has been falsely entangled in the case. Learned Addl. Standing Counsel for the State, on the other hand, has opposed the prayer for bail by submitting that all necessary statutory formalities under the NDPS Act have been duly complied with, which shows the complicity of the Petitioner.

5. Having regard to the submissions made, the materials on record and the period of detention already undergone, I am inclined to allow the prayer for bail.

6. Let the Petitioner- Jagannath Digal be released on bail in the aforesaid case on such terms and conditions as may be imposed by the court in seisin over the matter including the condition that he shall appear before the trial court on each date of posting of the case without fail.

7. The BLAPL is disposed of.

// 3 //

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

(Sashikanta Mishra) AKB Judge