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Mithun @ Kailash Manahira vs State Of Orissa

Orissa High Court · Decided on 7 August 2023 · Citation: (2023) 08 OHC CK 0039

HON’BLE JUDGES
Sashikanta Mishra, J
ACTS & SECTIONS REFERRED
Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20(b)(ii)(C), 25
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 3527 Of 2023
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Judgment

11 paragraphs · 349 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 1st October, 2022 in connection with C.T. Case No.04 of 2022 pending in the court of learned Addl. District and Sessions Judge-cum-Special Judge, Phulbani corresponding to Gochhapada P.S. Case No.4/2022 for the alleged commission of the offence under Section 20(b)(ii)(C)/25 of the N.D.P.S. Act.

4.

It is alleged that the Petitioner and three other persons were transporting contraband ganja weighing 102 kgs. when they were apprehended. It is submitted by learned counsel for the Petitioner that nothing was seized from the possession of the Petitioner and that he was taken to custody basing on the statement of the co-accused. It is submitted that there is no acceptable evidence to show that the Motorcycle, which was recovered from the spot actually belongs to the Petitioner.

5.

Learned Addl. Standing counsel for the State does not dispute the factual aspects put forthwith before this Court. However, he is unable to satisfactorily explain as to what independent material is available against the Petitioner to show his complicity in the alleged occurrence.

6.

Taking into consideration all the above facts and the period of detention in custody, I am inclined to release the Petitioner on bail.

7.

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 I.I.C. of Kantamal P.S. on every Sunday at 10.00 A.M. till conclusion of trial and such fact shall be certified by the I.I.C. to the Court below once in a month. Further, he shall personally appear on each date of posting of the case without seeking representation and in case of even a single default, necessary orders shall be passed to take him to custody again.

8.

The BLAPL is disposed of.

9.

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

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