High CourtsSingle Bench

Mansoor Allam vs State Of Odisha

Orissa High Court · Decided on 18 March 2024 · Citation: (2024) 03 OHC CK 0139

HON’BLE JUDGES
Sashikanta Mishra, J
ACTS & SECTIONS REFERRED
Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20(b)(ii)(C)
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 12984 Of 2023
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Judgment

10 paragraphs · 337 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 18.7.2021 in connection with Kesinga P.S. Case No.267/2021 corresponding to C.T. Case No.39/2021(NDPS) pending in the Court of learned Special Judge, Kalahandi, Bhawanipatna, for the alleged commission of the offence under Section 20(b)(ii) (C) of the NDPS Act.

4.

The prosecution case is that the Petitioner and 5 other persons were transporting contraband ganja weighing 166 kg.314 grams when they were apprehend by Police. The Petitioner was earlier released on interim bail as per order passed by this Court in BLAPL No.936/2022. He surrendered to custody after expiry of the period of interim bail. There is no allegation of the Petitioner misusing his liberty while on interim bail. As per the report submitted by the trial court only 3 out of 17 charge sheeted witnesses have been examined so far.

5.

Having regard to the above facts and looking into the conduct of the Petitioner, I am inclined to dispose of the bail application directing the Court below to release the Petitioner on interim bail for a period of four months from the date of h is actual release in the aforesaid case on furnishing bail bond of Rs.2,00,000/- (Rupees two lakhs) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper subject to conditions that while on interim bail, the Petitioner shall not indulge in any criminal activities in any manner and he shall appear before the learned trial court on each date to which the case would be posted for trial.

6.

Violation of any of the terms and conditions shall entail cancellation of interim bail.

7.

The BLAPL is disposed of.

8.

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

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