Disposed

Somanath Mallick v. State of Odisha

Orissa HC6 May 2024BLAPL/361/2024

Case brief

AI extract

What is this about?

NDPS bail application where trial witnesses, including the seizure witness, had turned hostile and no independent evidence yet showed the contraband was seized from the petitioner's possession. Considering this and the long custody period, the court granted two months' interim bail with surrender thereafter.

What did the court decide?

Two months' interim bail on terms fixed by the trial court; petitioner must surrender after expiry.

Somanath Mallick Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 361 of 2024

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Somanath Mallick ..... Petitioner

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Mr. M. Das, Adv.

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-Versus-

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State of Odisha & Anr.

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..... Opp.Parties Mr. S.K. Mishra, ASC

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CORAM:

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THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA

ORDER

06.05.2024

Order No. 05.

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 9^th October, 2021 in connection with Balliguda P.S. Case No.188/2021 corresponding to C.T. Case No.57/2021 pending in the court of learned Special Judge-cum-Addl. District and Sessions Judge, Balliguda for the alleged commission of the offence under Sections 20(b)(ii)(C)/29 of the N.D.P.S. Act.

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The Petitioner’s earlier application for was rejected by this Court taking note of the huge quantity of contraband seized from him. In the meantime trial has commenced with 5 out 13 charge sheet witnesses being already examined. From the copies of the deposition of the witnesses including the seizure witness, it is seen that they have turned hostile and therefore, there is no independent evidence on record, prima facie, as yet to show that the contraband was seized from the possession of the Petitioner. 5. Considering the above facts as also the period of detention in custody, I am inclined to take a lenient view in the matter. The bail application is

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disposed of by directing the Court below to release the Petitioner on interim bail for a period of two months from the date of his actual release on such terms and conditions as may be fixed by the court in seisin over the matter in the aforesaid case including the condition that he shall not misuse the liberty granted to him.

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After expiry of the aforesaid period of two months, the Petitioner shall surrender before the court in seisin over the matter, failing which appropriate warrant may be issued for his production.

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(Sashikanta Mishra) Judge

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A.K. Rana

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Signature Not Verified

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Digitally Signed Signed by: AJAYA KUMAR RANA Designation: Personal Assistant Reason: Authentication Location: ORISSA HIGH COURT, CUT TACK Date: 07-May-2024 16:18:49

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Somanath Mallick v. State of Odisha

Case brief

What is this about?

What did the court decide?

Somanath Mallick v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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