Sambhunath Kanhara v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.11265 of 2022 Sambhunath Kanhara ....
Petitioner Mr. S.K. Nayak, Advocate -versusState of Odisha .... Opp. Party Mr. Arupananda Das Addl. Government Advocate
CORAM:
JUSTICE S.K. SAHOO Order No.
ORDER
19.12.2022 01.
This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
Learned counsel for the petitioner seeks permission to correct the P.R. Case number as '149 of 2022-23' in the cause title of the bail application.
Permission is granted.
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 of Cr.P.C. in connection with P.R. No.149 of 2022-23 of Gunupur Excise Station corresponding to T.R. Case No.104 of 2022 pending in the Court of learned Additional Sessions Judge -cum- Special Judge, Gunupur for alleged commission of offence under section 20(b)(ii)(B) of the
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The petitioner moved an application for bail before the Court of learned Additional Sessions Judge -cumSpecial Judge, Gunupur, which was rejected on 28.10.2022.
Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 19.10.2022 and the quantity of ganja stated to have been seized from the possession of the petitioner is lesser than the commercial quantity and therefore, the bar under section 37 of the N.D.P.S. Act is not applicable and on hearing the learned counsel for the State, I am inclined to release the petitioner on bail. Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned court may deem just and proper.
The BLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
( S.K. Sahoo) Judge RKM
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