Research › Search › Judgment

Orissa High Court · body

2020 DIGILAW 123 (ORI)

Tutu Sahu v. State of Odisha

2020-06-08

S.K.PANIGRAHI

body2020
ORDER : S.K. Panigrahi, J. 1. In view of extraordinary situation arose out of COVID-19 lockdown, the matter is taken up through video conferencing. 2. Heard learned counsel for the petitioner and learned counsel for the State. 3. The petitioner being in custody in connection with Bantala P.S. Case No. 69 of 2019 Corresponding to G.R. Case No. 581 of 2020 pending' in the court of the learned S.D.J.M., Angul for the alleged commission of offence under Sections 52(a) of Odisha Excise Act has prayed for his release on bail. 4. It is alleged that 'while the informant along with other police staffs were conducting patrolling duty and received information that the petitioner is storing foreign liquor in his house for the purpose of selling. On being searched, the informant found 9 Nos. of gunny bags containing liquor pouches. On being asked, the petitioner disclosed that he had received the same from one Kalia Behera of Sasanbazar Purunasahi. It is also alleged that each gunny bag contained 200 pouches of OS liquor measuring 200ml. each (total 360 Itrs.). The petitioner could not show any valid documents for permitting the possession of the same because of which the police seized the same in presence of independent witnesses and forwarded the petitioner to the Court. 5. It is submitted by the learned counsel for the petitioner that the petitioner has been languishing in custody since 01.4.2020. The informant has failed to prove that the seized article was in exclusive conscious possession of the petitioner. Nowhere such material was seized from the vehicle driven by the petitioner. Even if the same was seized from any tent house, but it is not proved that the accused petitioner is the authorized person of the said seized tent house nor was he the only person residing there. It is further submitted that the petitioner is a permanent resident of the village and living with his family BLAPL No. 2691 of 2020 members. He is the only male members in his family and his detention has brought starvation for his family. There is also no chance on the part of the petitioner of tampering the prosecution evidence or flee from the justice. 6. He is the only male members in his family and his detention has brought starvation for his family. There is also no chance on the part of the petitioner of tampering the prosecution evidence or flee from the justice. 6. Considering the submissions made, the facts and circumstance of the case and the period of detention of the petitioner, it is directed that the petitioner may be enlarged on bail on some stringent terms and conditions as deemed just and proper by the learned S.D.J.M., Angul with further condition that the petitioner shall appear before the I.O. of the concerned P.S. on every Sunday from the date of his release and shall appear before the Court on each date of the posting of the case till conclusion of the trial. 7. Violation of any of the condition shall entail cancellation of consideration of bail granted to the petitioner. 8. The Bail Application is accordingly disposed of. 9. As Lock-down period is continuing for COVID-19, learned counsel for the petitioner may utilize the soft copy of 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.