Sania Challan 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 28.04.2022 in connection with Orkel P.S. Case No.81 of 2022 corresponding to Special G.R. Case No.66 of 2022 pending in the Court of learned Sessions Judge-cum-Special Judge, Malkangiri for the alleged commission of offence under Sections 20(b)(ii)(C) of NDPS Act.

It is alleged that the petitioner and another person were in possession of huge quantity of contraband ganja weighing 770 Kgs 100 grams when they were apprehended by police.

Mr. N.R. Sahoo, learned counsel for the petitioner submits on instructions that out of 17 charge sheeted witnesses, only 3 have been examined. The petitioner has been detained for more than two years. He further submits that because of such long incarceration, certain problems have cropped up in the family which require his personal attention. He therefore, submits that the petitioner may at least be released on interim bail for some time.

Considering the submissions and the materials on record and particularly taking note of the fact that trial is progressing slowly and the petitioner has been in custody for more than two years, I am inclined to take a lenient view. The bail application is disposed of directing the Court below to release the petitioner on interim bail for a period of two months on such terms and conditions as he may deem fit and proper to impose.

BLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

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