Daka Swain v. State of Odisha

BLAPL No.4645 of 2018

1. 08.11.2018: Learned counsel for the petitioner is not present presumably, in view of the cease work call given by the Orissa High Court Bar Association.

None appears on behalf of the State. The record in connection with the case has also not been placed.

The petitioner being in custody in connection with 2 (a) C.C. No.58 of 2018 arising out of P.R. No.21/2018-19 of Sub-Inspector of Excise, Khallikote pending in the court of learned J.M.F.C., Kodala running for alleged commission of offence under section 52(a)(i) of the Orissa Excise Act, has filed this application under section 439 of the Cr.P.C. for his release on bail after being unsuccessful in his move before the learned J.M.F.C., Kodala in 2(a) CC No.58 of 2018. It appears from the said order that the petitioner has been in custody since 28.06.2018, the day of registration of the case in view of the rejection of the prayer for bail by the learned J.M.F.C., Kodala.

Perusal of the document reveals that the allegation against the petitioner is that on the relevant date and time of raid by the excise personnels, he was found carrying 397-300 litres of country made I.D. liquor. Order of rejection goes to show that the reasons taken for the same are that of alleged quantity of seizure of I.D. liquor and factum of progress of investigation.

Keeping in view all the above; further taking into account the period of detention of the petitioner in custody and other surrounding circumstances, it is directed that the petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by

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