Surjya Polai @ Surya Narayan vs State Of Odisha .... Opp. Party on 11 June, 2024

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Orissa High Court

Surjya Polai @ Surya Narayan vs State Of Odisha .... Opp. Party on 11 June, 2024

Bench: Sashikanta Mishra

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 BLAPL No. 5557 of 2024


                 Surjya Polai @ Surya Narayan ....           Petitioner
                 Polai
                                            Mr. S. G. Das, Advocate

                                       -versus-

                 State of Odisha                 ....        Opp. Party
                                           Additional Standing Counsel


                                   CORAM:
                         JUSTICE SASHIKANTA MISHRA

                                      ORDER

11.06.2024 Order No.

01. 1. This matter is taken up through hybrid mode.

2. Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

3. Learned counsel for the petitioner is permitted to correct the typographical error in the bail application.

4. The Petitioner is in custody since 16th November, 2021 in connection with Aska P.S. Case No. 741/2021 corresponding to G.R. Case No. 27/2021(N) pending in the court of learned Addl. Sessions Judge-cum-Special Judge, Aska, for the alleged commission of the offence under Section 20(b)(ii) (c ) of the NDPS Act and Section 25(1-B) (a ) of the Arms Act.

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5. As per the prosecution allegation, the Petitioner and five other persons were travelling in a car carrying 45 kgs. 600 grams of contraband ganja when they were detained by staff of Aska Police. It is not clear from the materials on record as to from whose possession the contraband was seized. It also appears that some of the occupants of the vehicle fled away from the spot.

6. Considering all above aspects as also taking into account the period of detention of the Petitioner in custody without commencement of trial, 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 conditions:

i. He shall appear before the IIC Aska Police Station on every Sunday at 10 A.M. for the period of 6 months.

ii. He shall appear before the trial Court on each date of the posting of the case personally and no representation through counsel shall be allowed.

iii. He shall not leave the territorial jurisdiction of the Court without obtaining leave.

7. The BLAPL is disposed of.

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

(Sashikanta Mishra) Vacation Judge Monalisa Signature Not Verified Digitally Signed Signed by: BINAYAK SAHOO Reason: Authentication Location: High Court of Orissa, Cuttack Date: 12-Jun-2024 19:20:43 Page 3 of 3

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