Kamalu Pangi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.10599 of 2022 Kamalu Pangi & another ....

Petitioners Mr. A.K. Jena, Advocate -versusState of Odisha ....

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

ORDER

21.11.2022 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 Special G.R. Case No.161 of 2022 pending on the file of learned Sessions Judge-cum-Special Judge, Malkanagiri, arising out of M.V.-79 P.S. Case No.122 of 2022, for commission of offence under Section 20(b)(ii)(B) of the N.D.P.S Act.

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, Malkanagiri by order dated 22.10.2022 in the aforementioned case, the present BLAPL has been filed. 5.

Perused the order of rejection.

6.

Taking into account the age of the Petitioners and the custody of the Petitioners since 22.10.2022 and since the seizure of

the contraband (Ganja) to the tune of 12 K.G. 300 Grams 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. 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