Sukumar Mandal Vs State of Odisha

BLAPL No.2870 of 2019

18.09.2019

The petitioner being in custody in connection with Malkangiri P.S. Case No.11 of 2019 corresponding to T.R. Case No.09 of 2019 pending in the court of the learned Sessions Judge-cum-Special Judge, Malkangiri running for the alleged commission of offence under section 20(b)(ii)(C) of NDPS Act has filed this application under section 439, Cr.P.C. for his release on bail.

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Learned counsel for the petitioner submits that although the petitioner was the rider of the motorcycle and has taken a friendly lift, the bag in question was loaded in the motorcycle before the petitioner took the lift and the petitioner suddenly and in a hurry having taken the lift, his knowledge to the contents of the bag is not readily inferable. In view of all the above, when there remains least scope on the part of the petitioner to flee from justice or tamper the evidence, he urges for grant of bail to the petitioner.

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Learned counsel for the State opposes the move in view of the quantity of contraband ganja involved in the case.

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Considering the submissions made and on going through the materials available on record further taking into account the factum of release of co-accused person on bail and keeping in view the surrounding circumstances as also the period of detention of the petitioner in custody, it is directed that the petitioner be released on bail in the aforesaid case with such terms and conditions as deemed just and proper by the court in seisin of the case with further condition that he will appear in person before the

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court in seisin of the case on each date of posting of the case till conclusion of the trial.

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The BLAPL is accordingly disposed of. Issue urgent certified copy as per rules.

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D. Dash,J.

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Aks

Sukumar Mandal v. State of Odisha

Case brief

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Sukumar Mandal v. State of Odisha

Case brief

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