Chandrakant Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.10149 of 2021 Chandrakant Jena ....

Petitioner Mr. H.K.Tripathy Advocate -versusState of Odisha ....

Opposite Party Mr. S.K.Mishra Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

10.5.2022.

02.

1. This matter is taken up through hybrid mode. Order No.

2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3. The Petitioner is in custody since 20th July, 2021 in connection with P.R. Case No.77 of 2021-22 corresponding to 2(a)C.C. No.39/2021 pending in the court of learned Sessions Judge-cum-Special Judge, Cuttack for the alleged commission of the offence under Sections 20(b)(ii)(C) of the N.D.P.S. Act.

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4. The prosecution allegation is that the Petitioner was transporting contraband ganja weighing 69 kgs. in a car from Athgarh to Baripada when the car was detained. The petitioner was the driver of the car. It is submitted that being the driver he had no knowledge about the contents of the luggage of the other occupants.

5. Considering the submissions as above and the materials on record particularly the period of detention in custody without commencement of trial, I am inclined to allow the prayer for bail.

6. Let the Petitioner be released on bail on such terms and conditions as may be imposed by the court in seisin over the matter in the aforesaid case including the condition that he shall appear before the court below on each date of posting of the case without fail.

7. The BLAPL is disposed of.

8. Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) AKB Judge

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