Sanjit Jena @ Sanji And Another vs Vrs
2021 Latest Caselaw 4515 Ori

                                      HIGH COURT OF ORISSA
                                       BLAPL No.9319 of 2019
                         Sanjit Jena @ Sanji and another.....           Petitioners
                                                      Vrs.
                         State of Odisha                     .....   Opposite Party
09.   31.03.2021         Mr. Akshaya Kumar Nayak, learned counsel for the
                   petitioners and Mr. Karunakar Nayak, learned Additional
                   Standing Counsel appearing for the State-opposite party, are
                   present. Judgment prepared in separate sheets is delivered and
                   pronounced in open Court in presence of learned counsels for
                   the parties, and the order is passed accordingly as follows:-
                         Having considered the matter in the aforesaid perspective
                   and guided by the precedents cited hereinabove, this Court is of
                   the view that there is a compliance of procedures during search
                   and seizure as mentioned in Sections 42 and 50 of the NDPS
                   Act with some deficiencies which can very well be raised by the
                   petitioner at the time of trial.
                         Accordingly, this Court is not inclined to enlarge the
                   petitioner on bail. Hence, the Bail Application is dismissed.
                         However, it is made clear that any of the observation
                   made hereinabove with respect to the facts of the case, shall
                   not come in the way or prejudicially affect the fair trial of the
                   present case.
                         Urgent certified copy of this order be granted on proper
                   application.


                                                      .................................
                                                        S.K. Panigrahi, J.

AKK/AKP