Kubera Digal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.10156 of 2021 Kubera Digal ....

Petitioner Mr. A.R.Panda 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 23rd April, 2021 in connection with Phiringia P.S. Case No.48/2021 corresponding to C.T. Case No.35/2021 pending in the court of learned District and Sessions Judge-cum-Special Judge, Phulbani for the alleged commission of the offence under Sections 20(b)(ii)(C)/25/29 of N.D.P.S. Act.

// 2 //

4. The prosecution allegation is that the Petitioner and another person were apprehended while they were attempting to transport contraband ganja weighing 40 kgs. 600 grams in a car. It is submitted that the contraband ganja was recovered from the dickey of the car and the Petitioner had no knowledge about its contents.

5. Considering the submissions as above and the materials on record and 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

// 3 //