Banambar Parida v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.11369 of 2022 Banambar Parida ....
Petitioner Mr. R.K. Mallick, Advocate -versusState of Odisha .... Opp. Party Mr. P.K. Mohanty Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO Order No.
ORDER
19.12.2022 01.
This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioner and learned counsel for the State.
This is an application for bail under section 439 of Cr.P.C. in connection with Aska Range P.R. No.88/22-23 corresponding to 2(a)C.C. Case No. 26 of 2022 in the file of learned Addl. Sessions Judge -cum- Special Judge, Bhanjanagar, Ganjam for alleged commission of offence under section 20(b)(ii)(B) of the N.D.P.S. Act. The prayer for bail of the petitioner was rejected by the learned Special Judge, Bhanjanagar, Ganjam vide order dated 09.11.2022.
// 2 // Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 27.10.2022 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, the investigation of the case has made substantial progress 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 below may deem just and proper including the conditions that the petitioner shall not indulged in any criminal activities and shall appear before the learned trial Court on each date to which the case would be posted for trial. Violation of any of the conditions shall entail cancellation of bail. The BLAPL is accordingly disposed of.
Issue urgent certified copy as per Rules.
( S.K. Sahoo) Judge PKSahoo
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