Parsuram Gadaba v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.10558 of 2022 Parsuram Gadaba & another ....

Petitioners Mr. R.L. Pattnaik, Advocate -versusState of Odisha ....

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

ORDER

17.11.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

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

3.

The Petitioners are accused in connection with Special 2(a)CC Case No.29 of 2022, pending on the file of the learned Sessions Judge-cum-Special Judge, Malkangiri, arising out of P.R. No.41 of 2022-2023, for the alleged commission of offence under Section 20(b)(ii)(B) of the N.D.P.S Act and they are in custody since 16.10.2022.

4.

Being aggrieved by the rejection of their application for bail U/s. 439 Cr.P.C. by the learned Sessions Judge-cum-Special Judge, Malkangiri by order dated 17.10.2022, the present BLAPL has been filed.

5.

Since the seizure of the contraband (Ganja) to the tune of 12 Kg. is admittedly less than the commercial quantity as

prescribed, this Court directs the Petitioners to be released on bail on such terms to be fixed by the Court in seisin over the matter. 6.

Additionally, it is directed that the Petitioners shall appear before the jurisdictional police station once every week till submission of final form.

7.

While releasing the bail, learned Court in seisin shall verify the criminal antecedent of similar nature. If it comes to the fore that the Petitioners have such criminal antecedent, this order shall stand recalled.

8.

The BLAPL thus stands disposed of.

9.

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