Keshab Chandra Dakua v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10487 of 2022 Keshab Chandra Dakua ....

Petitioner Mr. J. Behera, Advocate -versusState of Odisha ....

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

ORDER

16.11.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner and learned counsel for the State.

3.

The petitioner is an accused in connection with 2(a) CC Case No.79 of 2022, pending in the file of the learned Sessions Judge-cum-Special Judge, Cuttack, arising out of P.R. Case No.15 of 2022, for alleged commission of offences under Section 20(b)(ii)(B) of the N.D.P.S. Act.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Special Judge, Cuttack, by order dated 18.10.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the order of rejection.

6.

Admittedly since the quantity of the contraband (Ganja) is to the tune of 7Kgs which is less than the commercial quantity as

prescribed and keeping in view the petitioner is in custody since 30.09.2022, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter. 7.

While releasing the petitioner on bail, the learned court in seisin over the matter shall verify criminal antecedent of similar nature of the petitioner. If it comes to the fore that the petitioner has any such criminal antecedent, this order shall stand recalled. 8.

Additionally it is directed that the petitioner shall appear before the Investigating Officer once every week till submission of final form.

9.

Accordingly, the BLAPL stands disposed of.

10.

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