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Judgment
9 paragraphs · 248 wordsSashikanta Mishra, J
This matter is taken up through hybrid mode.
Heard learned counsel for the Petitioners and learned Addl. Standing Counsel for the State.
The Petitioners are in custody since 3rd May, 2023 in connection with Bharatpur P.S. Case No.188/2023 corresponding to T.R. No.250/2023 pending in the court of learned District and Sessions Judge, Khordha at Bhubaneswar for the alleged commission of the offence under Section 20(b)(ii)(B) of N.D.P.S. Act.
It is alleged that the Petitioners were carrying contraband ganja when they were apprehended by Police. It is submitted that nothing was seized from their exclusive and conscious possession and the Petitioners have been implicated entirely on the basis of suspicion. It is submitted that the statutory formality relating to search and seizure has not been followed.
Considering the above facts as also the fact the seized contraband is less than commercial quantity, I am inclined to allow the prayer for bail. Let the Petitioners be released on bail in the aforesaid case on such terms and conditions as the court in seisin over the matter may deem fit and proper including the conditions that they shall appear personally before the trial court on each date of posting of the case and in case of even a single default, necessary orders shall be passed by the Court to take them to custody again.
The BLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
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