Rahul Mishra vs State Of Odisha

Sashikanta Mishra, J

This matter is taken up through hybrid mode.

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

The Petitioner is in custody since 22.8.2023 in connection with 2(a)C.C. Case No.16/2023(N) corresponding to P.R. Case No.338/2023-24 pending in the Court of learned Addl. Sessions Judge-cum-Special Judge, Aska, for the alleged commission of the offence under Section 20(b)(ii)(B) of N.D.P.S. Act.

It is alleged that the petitioner was escorting another vehicle in which contraband ganja was kept. It is submitted that there is no evidence to show the nexus between the petitioner’s vehicle and the vehicle in which the contraband was being transported. After perusing the case diary and the materials on record, this Court, prima facie, finds that nothing was seized from the case in which the petitioner was an occupant. The only evidence is that his case was also present near the other car at the time of apprehension.

Considering the submissions as above and the materials on record, I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that he shall personally appear before the I.I.C. of Tigiria Police Station on every Sunday till submission of charge sheet and such fact shall be certified by the I.I.C. to the concerned Court once in a month and he shall personally appear before the trial Court on each date of posting of the case.

BLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

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