Kalia@ Kasinath Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10010 of 2021 Kalia @ Kasinath Pradhan & Ors.

...

Petitioners Mr. J. Sahoo, Advocate - Versus - State of Odisha ...

Opposite Party Mr. P. Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

19.01.2022 Order No.

1.

1.

This matter is taken up through virtual mode. 2.

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

3.

The petitioners are in custody since 01.10.2021 in connection with Nayagarh Sadar P.S. Case No.153 of 2021 corresponding to Spl. G.R. Case No.132 of 2021 of the Court of learned Special Judge-cum-Sessions Judge, Nayagarh for the alleged commission of offence under Sections 21(b)/29 of N.D.P.S. Act.

4.

The allegation is that the petitioners were selling brown sugar while they were apprehended. It is further alleged that the brown sugar weighing 06 gram 25 milligrams was recovered from their possession.

5.

It is submitted that nothing was seized from the exclusive possession of the petitioners and all the petitioners, who are brothers, have been falsely entangled in the case. 6.

Having considered the rival submissions, the materials on record, the period of detention already undergone and the fact

that the seized contraband is less than commercial quantity, I am inclined to allow the prayer for bail. Let the petitioners 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 they shall personally appear before the trial Court on each date of posting of the case without fail. 7.

BLAPL is accordingly disposed of.

8.

As the restrictions due to resurgence of Covid-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No. 4587, dated 25th March, 2020, modified by Notice No. 4798, dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos. 514 and 515 dated 7th January, 2022.

(Sashikanta Mishra) Judge A.K. Rana