High CourtsSingle Bench

Kamala Kumar Nayak @Kamal Kumar Nayak vs State Of Orissa

Orissa High Court · Decided on 25 January 2022 · Citation: (2022) 01 OHC CK 0187

HON’BLE JUDGES
B. P. Routray, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Narcotics Drugs and Psychotropic Substances Act, 1985 — Section 21(b), 27, 29
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 11187 Of 2021
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Judgment

18 paragraphs · 291 words

B. P. Routray, J

1.

This matter is taken up through video conferencing.

2.

This is an application under Sec.439 Cr.P.C. for bail and the offences alleged are under Secs.21(b)/27/29 of the NDPS Act for alleged possession

of contraband brown sugar weighing 27 grams.

3.

Heard Mr. S. Behera, learned counsel for the Petitioner as well as Mr. M.K. Mohanty, learned A.S.C. for the State-Opposite Party.

4.

It is submitted that the Petitioner is inside custody since 6.11.2021 and in the meantime other co-accused persons, namely, Sandip Kumar Swain,

Rajendra Baral and Chakradhar Patra and Sanjib Kumar Mohapatra have been released on bail in different bail applications. It is further submitted

that the Petitioner has no criminal antecedent.

5.

Upon hearing learned A.S.C. for the State-Opposite Party and considering the period of detention of the Petitioner inside custody as well as release

of other co-accused persons, it is directed to release the Petitioner on bail in connection with Town P.S. Case No.485/2021 corresponding to C.T.

(Spl.) NDPS Case No.14/2021 on such terms and conditions to be fixed by the learned Judge, Special Court, Dhenkanal as he deems just and proper

including the condition that the Petitioner shall not be involved in any other offence while on bail.

6.

The BLAPL is accordingly 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 as modified by Court’s Notice No.4798, dated 15th April, 2021 and Court’s Office

Order circulated vide Memo No.514, dated 7th January, 2022.

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