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2022 Supreme(Ori) 478

A. K. MOHAPATRA
Raghu @ Rahul Rajput Thakur – Appellant
Versus
State of Odisha – Respondent


Advocates appeared:
Mr. Shyam Manohar, Advocate, for the Appellant; Mr. P.C. Das, A.S.C., for the Respondent

JUDGMENT

ORDER

1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Heard Mr. S. Manohar, learned counsel appearing for the Petitioner and Mr. P.C. Das, learned counsel appearing for the State. Perused the F.I.R., case diary, statement of the witnesses and other relevant documents placed before this Court for consideration.

3. The present bail application has been filed by the accusedpetitioner under Section 439, Cr.P.C. for his release on regular bail in connection with Mathili P.S. Case No.42 of 2021 dated 07.03.2021 corresponding to Special G.R. Case No.36 of 2021 pending in the court of leaned Sessions Judge-cum-Special Judge, Malkangiri for commission of offence punishable under Section 20(b)(ii)(C) of the N.D.P.S. Act.

4. The prosecution case, in gist, is that on 07.03.2021 at about 12.35 A.M. on the main road of Govindpally Bus Stand, the police found two vehicles were coming in high speed from Malkangiri side. On suspicion, the police officials on duty intercepted the vehicles and stopped it. On search, it was found by the police party that four persons are sitting inside the vehicle bearing Registration No.HR-22- R- 4972. Similarly, the 2nd vehicle

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