Allowed

Kanha @ Priya Ranjan Sahoo v. State of Odisha

Orissa HC8 Jul 2021BLAPL/3026/2021

Case brief

AI extract

What is this about?

High Court dispensed with further hearing a bail application where the petitioner was detained for alleged offences under IPC Sections 272, 273, 274/34 regarding the sale of Corex cough syrup. The Court granted bail with stringent conditions.

What did the court decide?

The petitioner is directed to be released on bail in the aforesaid case with some stringent terms and conditions.

Kanha @ Priya Ranjan Sahoo Vs State of Odisha — Bail and Remand | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 3026 of 2021

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Kanha @ Priya Ranjan Sahoo ….

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Petitioner

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Mr. Smruti Ranjan Mohapatra, Advocate

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-versus-

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State of Odisha

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…. Opposite Party

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Mr. D.R. Parida, Additional Standing Counsel i

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CORAM: JUSTICE S. K. PANIGRAHI

ORDER

Order No.

08.07.2021

03. 1 . This matter is taken up by video conferencing mode.

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2. Heard learned counsel for the petitioner and learned counsel for the State.

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3. The petitioner being in custody in connection with Puri Sea Beach P.S. Case No.63 of 2021 corresponding to G.R Case No.772 of 2021 pending in the file of the learned S.D.J.M., Puri for the commission of offences under Sections 272,273,274/34 of I.P.C has prayed for his release on bail.

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4. It is alleged by the informant that on 7.3.2021 at about 5 P.M.,the informant along with his staffs were performing patrolling duty, received information regarding selling of Corex (ESKUF) cough syrup by the petitioner and other co-accused persons. On the basis of the information, the spot was raided and the petitioner and other co-accused persons were apprehended. On search, it was found that 40 numbers of Corex (ESKUF) syrup bottles each containing 100 ml. from the possession of the present petitioner. On being asked, the petitioner disclosed that he had procured those Corex (ESKUF ) syrup bottles from the co-accused K. Abhinash.

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// 2 //

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5. Learned counsel for the petitioner submits that the seized articles are nothing but used for the medicinal purpose as cough syrup and the same was neither spurious nor noxious. It is also submitted that the statement of the witnesses recorded under Section 161 Cr.P.C do not make out a prima facie case against the petitioner for the alleged offences. It is further submitted that the contraband article has not been seized from the conscious possession of the petitioner. The petitioner is also not involved in selling of the adulterated drugs. Investigation has been completed and charge-sheet has also been submitted. There is no criminal antecedents against the name of the petitioner. The petitioner is in custody since 8.3.2021.

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6. Considering the submissions made, the facts and circumstances of the case and the period of detention of the petitioner in custody, it is directed that the petitioner be released on bail in the aforesaid case with some stringent terms and conditions as deemed just and proper by the learned Court in seisin over the matter.

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7. The Bail Application is accordingly disposed of.

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8. As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in the High Court’s website or print out thereof at par with certified copy in the manner prescribed, vide Court’s Notice No.4587, dated 25th March 2020.

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(S. K. Panigrahi) Judge

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Page 2 of 2

Kanha @ Priya Ranjan Sahoo v. State of Odisha

Case brief

What is this about?

What did the court decide?

Kanha @ Priya Ranjan Sahoo v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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