Biswanath Meher v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.11097 of 2021 Biswanath Meher ....

Petitioner Mr. S.S. Ray (2), Advocate -versusState of Odisha .... Opposite Party Sk. Zafrulla, ASC CORAM: JUSTICE S.K. PANIGRAHI

ORDER

08.03.2022 Order No.

02.

1. The matter is taken up through hybrid mode.

2. Heard learned counsel for the petitioner and learned counsel for the petitioner.

3. The petitioner is facing trial for the offence under Section 20(b)(ii)(C) of the NDPS Act in Gunupur P.S. Case No.91 of 2021, arising out of T.R. Case No.91 of 2021, of the court of learned Special Judge, Gunupur. He has filed this petition for his release on bail.

4. The prosecution case, as narrated in the FIR, is that on 03.09.2021 while the informant and his staff were performing duty, they found one motorcycle was coming from Gumuda carrying a plastic gunny bag. When the motorcycle was stopped and on being asked, the driver of the said motorcycle disclosed his name (present petitioner). On such of the said gunny bag, 22.00 kgs of Ganja was recovered.

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5. Learned counsel for the petitioner submits that the investigation of the case has been completed and the petitioner is in custody since 03.09.2021. The petitioner has been falsely implicated in the case. So, the bail petition may be allowed.

6. Learned counsel for the State opposes the bail prayer of the petitioner.

7. Considering the facts and circumstances of the case and the punishment prescribed for the offence alleged, the BLAPL is rejected.

(S.K. Panigrahi) Judge pcd