Alok Digal vs State Of Orissa

Sashikanta Mishra, J

This matter is taken up through hybrid mode.

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

The Petitioner is in custody since 15th March, 2023 in connection with E.I. and E.B., Unit-1, Cuttack (Excise) P.R. No.538/2022-23 corresponding to 2(a) C.C. No.53/2023 pending in the Court of learned Sessions Judge-cum-Special Judge, Cuttack for the alleged commission of the offence under Section 37 of the N.D.P.S. Act.

It is alleged that the Petitioner and two other persons were transporting contraband ganja weighing 50 kgs. in a vehicle when they were apprehended by the excise officials. It is submitted that there is no material to show that the Petitioner was present at the spot and only because the vehicle belongs to him, he was implicated in the offence. It is alternatively submitted that the formalities of search and seizure as per N.D.P.S. Act were not followed and nothing was seized from his exclusive and conscious possession.

Having regard to the submissions as above and materials on record, I am inclined to release the Petitioner on bail. 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 I.I.C. of Phiringia P.S. on every Sunday at 10.00 A.M. till conclusion of trial and such fact shall be certified by the I.I.C. to the Court below once in a month. Further, he shall personally appear on each date of posting of the case without seeking representation and in case of even a single default, necessary orders shall be passed to take him to custody again.

The BLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

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