JUDGMENT :

A. Pasayat, J. - The State has prayed for cancellation of bail granted to the opposite party on the ground that bail was granted on mistaken statement made by the counsel for the State. This case is a classic example as to how unsavory circumstances are created on account of submissions made by the State's counsel without proper application of mind and/or without proper instructions.

2. The opposite party (described hereafter as 'the accused') was arrested on 7-4-1990 for alleged commission of offences punishable under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the Act'). The allegations are of very serious nature and it transpires from the record that the Petitioner, his son-Prasanna Kumar Mohanty, and one Tara Prasad Mohanty, were found to be in possession brown sugar and charas. The accused moved for bail before the Sessions Judge, Puri, which was rejected. He moved an application for bail in this Court which was registered as Criminal Misc. Case No. 527 of 1990. The case was listed on 13-6-1990, when it was adjourned to 20-6-1990. On that date, the learned Counsel for the State made a statement purported to be on the basis of