Bisu Mandal v. State Of Odisham

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10301 of 2021 Bisu Mandal & Anr.

...

Petitioners Mr. R.L. Pattnaik, Advocate - Versus - State of Odisha ...

Opposite Party Mr. P. Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

20.01.2022 Order No.

1.

1.

This matter is taken up through virtual mode. 2.

Heard learned counsel for the petitioners and learned Addl. Standing Counsel for the State.

3.

The petitioners are in custody since 28.10.2021 in connection with P.R. No.80/2021-22 corresponding to 2(a)CC No.36 of 2021 of the Court of learned Sessions Judge-cumSpecial Judge, Malkangiri for the alleged commission of offence under Sections 20(b)(ii)(B) of NDPS Act, 1985. 4.

The allegation is that the petitioners were apprehended by the staff of Excise Department while carrying Ganja weighing 10 Kgs, which was thereafter seized.

5.

Having regard to the submissions made, the materials on record, the period of detention already undergone and the fact that the seized contraband is less than commercial quantity, being 10 Kgs, I am inclined to allow the prayer for bail. Let the petitioners 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 they shall

personally appear before the trial Court on each date of posting of the case without fail.

6.

BLAPL is accordingly disposed of.

7.

As the restrictions due to resurgence of Covid-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No. 4587, dated 25th March, 2020, modified by Notice No. 4798, dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos. 514 and 515 dated 7th January, 2022.

(Sashikanta Mishra) Judge A.K. Rana