Gopal Nag v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9987 of 2021 Gopal Nag ...

Petitioner Mr. A.N. Pattanayak, Advocate - Versus - State of Odisha ...

Opposite Party Mr. P.K. Maharaj, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

09.05.2022 1.

This matter is taken up through hybrid mode.

Order No.

3.

2.

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

3.

The petitioner is in custody since 08.09.2021 in connection with Koraput Town P.S. Case No.274 of 2020 corresponding to T.R. Case No.57 of 2020 pending in the Court of learned Addl. District & Sessions Judge-cum-Special Judge, Koraput for the alleged commission of offence under Sections 20(b)(ii)(C)/25/29 of NDPS Act.

4.

It is alleged that the petitioner was involved in transportation of huge quantity of ganja weighing 1514 Kg 200 Grams. It is pointed out that nothing was seized from the possession of the petitioner and that he was implicated solely on the basis of the statement of the co-accused persons. It is observed that two of the other co-accused persons, who stand on the same footing as the petitioner, have been released on bail by this Court as per common order passed in BLAPL No. 1604 of 2021 and 911 of 2021.

5.

Considering the above facts and the period of detention in custody, I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that he shall personally appear before the trial Court on each date of posting of the case and in case of even a single default, the Court below shall pass NBW to take him to custody again.

6.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) A.K. Rana Judge