03 12.02.2021

This matter is taken through Video Conferencing

Mode.

Heard learned counsel for the petitioner and

learned counsel for the State.

The petitioner is an accused in 2(a) C.C. Case

No.114 of 2020 arising out of Soro Excise Station P.R. No.31

of 2020-21on the file of learned J.M.F.C., Soro registered for

the offence punishable under Section 52(a)(i) of the Odisha

Excise Act.

It is alleged that on 03.09.2020 at 10.30 A.M. while

the O.I.C. of Soro Excise Station along with his staff were

performing patrolling duty at Nadigaon area, they found the

petitioner carrying some loaded bags towards his house. So,

on suspicion, they detained him and on search they

recovered 22 Nos. Jari bags having motor tubes each

containing 60 litres of I.D. liquor in total 1320 litres of I.D.

liquor. Then he conducted blue litmus paper test on the

said seized liquor which turned into red so also conducted

hydrometer test and found the result as temperature 96* F.,

indication 78.0* and strength of 49.3*. After such test, he

confirmed the said seized liquor to be I.D. liquor and then

collected 2 Nos. of sample of 500 ml from the tube as I-A &

1-B after which they destroyed the remaining seized liquor

after preparing the seizure list and arrested the petitioner for

commission of offence U/s 52(a)(i) of Odisha Excise Act,

2008 and forwarded him to the court on 07.09.2020.

Learned counsel for the petitioner submits that the

petitioner is a meritorious student and he has passed out

BLAPL NO.6501 of 2020

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from Fakir Mohan University, Balsore in science Stream.

Though he has no nexus to the alleged incident but the

Investigating Officer only to prove the prosecution case has

implicated him as accused. It is further submitted that the

alleged jerry bags containing I.D. liquor were seized near

about 100 metres away from the petitioner’s house. While

seizing the same, they called him and arrayed as accused.

The petitioner is a permanent resident having no criminal

antecedent. He is in custody since 07.09.2020. He shall

abide by any terms and conditions if he is released on bail.

Learned counsel for the State opposed the bail

petition of the petitioner.

Having heard the learned counsel for the petitioner

and the State, considering the facts and circumstances of

the case and the materials available on record as well as

period of detention and having no criminal antecedents, the

petitioner be released on bail in the aforesaid case by the

court in seisin over the matter on such terms and conditions

as deemed just and proper subject to conditions that;

i) The petitioner shall appear before the learned

trial Court on each date when the case is posted for trial;

ii) he shall not involve himself in similar type of

offence;

Violation of the aforesaid conditions may entail

consideration for cancellation of the bail granted to the

petitioner.

The Bail Application is accordingly disposed of.

As restriction period is continuing for COVID-19,

learned counsel for the petitioner may utilize the soft copy of

3

this order available in the High Court’s website or print out

thereof at par with certified copies

in

the

manner

prescribed, vide Court’s Notice No.4587 dated 25.3.2020.

………………………..

S. K. Panigrahi, J.

LNB