High CourtsSingle Bench(2022) 01 OHC CK 0128

Babu @ Rafique @ Sk. Safiruddin @ Sk. Sapikruddin vs State Of Orissa

Orissa High Court · Decided on 20 January 2022

HON’BLE JUDGES
Sashikanta Mishra, J
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 10353 Of 2021

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Judgment

16 paragraphs · 258 words

Sashikanta Mishra, J

1.

This matter is taken up through virtual mode.

2.

Heard Mr. A.R.Panda , learned counsel for the Petitioner and Mr. A. Pradhan, learned Addl. Standing Counsel for the State.

3.

The Petitioner is in custody since 13th November, 2021 in connection with Basta P.S. Case No.321/2021 corresponding to Special Case

No.309/2021 pending in the court of learned Sessions Judge-cum-Special Judge, Balasore for the alleged commission of the offence under Sections

21(b)/29 of the NDPS Act.

4.

Having regard to the submissions made, the materials on record, the period of detention already undergone and the fact that the quantity of

contraband seized is less than commercial quantity being 52 grams of brown sugar, I am inclined to allow the prayer for bail.

5.

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 trial court on each date of posting of the case without fail.

6.

The BLAPL is 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.

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