High CourtsSingle Bench

Jayanta Kundu vs State Of Odisha

Orissa High Court · Decided on 8 September 2023 · Citation: (2023) 09 OHC CK 0043

HON’BLE JUDGES
Sashikanta Mishra, J
ACTS & SECTIONS REFERRED
Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20(b)(ii)(C), 27A, 29
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 7026 Of 2023
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Judgment

9 paragraphs · 230 words

Sashikanta Mishra, J

1.

This matter is taken up through hybrid mode.

2.

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

3.

The Petitioner is in custody since 11th December, 2020 in connection with Orkel P.S. Case No.166/2020 corresponding to T.R. Case No.111/2020 pending in the court of learned Sessions Judge-cum-Special Judge Court, Malkangiri for the alleged commission of the offence under Sections 20(b)(ii) (C)/27-A/29 of N.D.P.S. Act.

4.

It is submitted that nothing was recovered from the possession of the Petitioner and he has been implicated entirely on the basis of the statement of the co-accused. A reference to the F.I.R. reveals that on interrogation of one Dambaru Gouda, he disclosed that the present Petitioner and some other persons had purchased contraband and loaded the same in the vehicle.

5.

Considering the submissions made, the materials on record and the period of detention in custody, I am inclined to allow the prayer for 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 personally before the court below on each date of posting of the case without fail.

5.

The BLAPL is disposed of.

6.

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

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