The High Court of Orissa allowed a bail petition filed by Manoj Bira, a petitioner in custody under the NDPS Act. The court noted the absence of independent witnesses and seizure of contraband from the petitioner, granting bail on surety and conditions.
Petitioner released on bail on terms imposed by the trial court in seisin, including appearance conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.2142 of 2022
Manoj Bira …. Petitioner
Mr. D.Panda
Advocate
-versus-
….
State of Odisha Opposite Party
Mr.S.K.Mishra,
Addl. Standing Counsel
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER
Order No. 08.9.2022.
1. This matter is taken up through hybrid mode.
2. Heard learned counsel for the Petitioner and learned Addl.
Standing Counsel for the State.
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apprehended and one of them managed to escape from the spot. It is alleged that the person who fled away from the spot is the present Petitioner. It is submitted that nothing was seized from the possession of the Petitioner and his implication is only on the basis of the statement of the co-accused. Referring to the F.I.R., it is further submitted that there were no independent witnesses to the alleged seizure of the contraband.
(Sashikanta Mishra) AKB Judge
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1 issue framed by the court
Whether bail should be granted to the petitioner who is in custody and alleges no independent evidence of seizure exists against him.
1 provisions across 1 enactments
Manoj Bira
State of Odisha
Sashikanta Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
