Allowed

Khirod Tandi @ Kshirod v. State of Odisha

Orissa HC24 Sept 2022BLAPL/5291/2022

Case brief

AI extract

What is this about?

The high court allowed bail to the petitioner in an NDPS case. The court noted the contraband was not seized from the petitioner's exclusive possession based on his confessional statement and released him with conditions to appear in court and face recapture on default.

What did the court decide?

The petitioner shall be released on bail subject to conditions imposed by the trial court to appear on every posting date and face recapture on default.

Khirod Tandi @ Kshirod Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 5291 of 2022

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Khirod Tandi @ Kshirod

…. Petitioner

Mr. Anirudha Das,

Advocate

-Versus -

State of Odisha …. Opposite Party Mr. S.K. Mishra, Additional Standing Counsel

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Order No. 3.

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CORAM: JUSTICE SASHIKANTA MISHRA ORDER_ 24.09.2022

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1. This matter is taken up through hybrid mode.

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Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

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The Petitioner is in custody since 19th April, 2022 in connection with Kesinga P.S. Case No. 170 of 2022 corresponding to C.T. Case No.25 of 2022(NDPS) pending in the court of learned Sessions Judge-cum-Special Judge, Bhawanipatna for the alleged commission of the offence under Section 20 (b) (ii) (C) of the NDPS Act.

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It is alleged that the Petitioner was apprehended on the allegation of possession of contraband ganja weighing more than commercial quantity. The F.I.R. reveals that one Kartik Mahata was detained while transporting ganja in a motor cycle along with another person, who managed to escape of seeing Police. On the

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next day morning the Petitioner was found moving near the spot and was apprehended on suspicion. Thereafter basing on his own confessional statement, he was taken to custody. Apart from the above, there is no other material to show that the contraband was seized from the exclusive and conscious possession of the Petitioner.

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Having regard to the above facts, I am inclined to allow the prayer for bail. Let the Petitioner be released on bail on such terms and conditions as may be imposed by the court in seisin over the matter in the aforesaid case including the condition that he shall appear before the trial court on each date of posting of the case and in case of even a single default, necessary orders shall be passed by the court to take him to custody again.

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The BLAPL is disposed of.

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Urgent certified copy of this order be granted on proper application.

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( Sashikanta Mishra) B.C. Tudu Judge

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Khirod Tandi @ Kshirod v. State of Odisha

Case brief

What is this about?

What did the court decide?

Khirod Tandi @ Kshirod v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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