Allowed

Damodar Mahanandia v. State of Odisha

Orissa HC21 Jan 2022BLAPL/10560/2021

Case brief

AI extract

What is this about?

The High Court of Orissa allowed a BLAPL petition seeking bail under the NDPS Act. The court considered the detention period, the quantity of seized ganja (below commercial quantity), and the release of a co-accused to order release on bail with terms to be finalized by the trial court.

What did the court decide?

Petitioner to be released on bail on terms to be fixed by the trial court; matter disposed of.

Damodar Mahanandia Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 10560 of 2021

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Damodar Mahanandia

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….

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Petitioner

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Mr. Jugala Kishore Panda,

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Advocate

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-Versus -

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State of Odisha Opposite Party

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….

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Mr. S.N. Das, Addl. Standing Counsel

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CORAM: JUSTICE SASHIKANTA MISHRA

ORDER_

21.01.2022

Order No.

This matter is taken up through virtual mode.

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

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The petitioner has been arrested in connection with Boudh P.S. Case No. 259 of 2021 corresponding to C.T. Case No. 456 of 2021 pending in the court of learned Sessions Judge-cum-Special Judge, Boudh for the alleged commission of offence under Section 20(b)(ii)(B) of the NDPS Act.

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Considering the submissions made, the materials on record, the period of detention already undergone and the fact that the seized contraband is less than commercial quantity being 14 Kgs. of ganja as also the fact that the co-accused has already been released on bail, 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 trial court

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on each date of posting of the case without fail.

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The BLAPL is accordingly disposed of.

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As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court’s Notice No.4587, dated 25th March, 2020, modified by Notice No.4798, dated 15th April, 2021, and Court’s Office Order circulated vide Memo Nos. 514 and 515 dated 7th January, 2022.

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( Sashikanta Mishra)
Judge

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B.C. Tudu

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Damodar Mahanandia v. State of Odisha

Case brief

What is this about?

What did the court decide?

Damodar Mahanandia v. State of Odisha

Case brief

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