Deepak Malvi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10043 of 2021 Deepak Malvi ...

Petitioner Mr. A. Das, Advocate - Versus - State of Odisha ...

Opposite Parties 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.

2.

2.

The petitioner is in custody in connection with Jeypore Sadar P.S. Case No. 85 of 2021 corresponding to T.R. Case No.34 of 2021 pending in the Court of learned Sessions Judge, Koraput for the alleged commission of offence under Sections 20(b)(ii)(C) of NDPS Act.

3.

The allegation is that the petitioner and four other persons were travelling in a Car in which 51 kgs of contraband ganja was found. It is submitted that the mandatory statutory formalities were not observed and the mode of weighment of the contraband article is also not free from doubts.

4.

Considering the above fact, the materials on record and the fact that despite detention of the petitioner in custody for nearly year by now trial is yet to commence, 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 furnish cash security of Rs.50,000/- and the Court below

shall insist upon two sureties belonging to the district of Koraput for such amount as may be determined by him.

5.

BLAPL is accordingly disposed of.

6.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) A.K. Rana Judge