Prakash Chandra v. ORDER_
Case at a glance
- Bench
- SASHIKANTA MISHRA
Provisions considered
- Indian Penal Code, 1860 ss. 109, 273, 420
- Tobacco Products Act, 2003
Judgment
Mr. R.L. Pattnaik, Advocate -Versus - …. Opposite Party Mr. M. K. Mohanty, Additional Standing Counsel CORAM: JUSTICE SASHIKANTA MISHRA ORDER_ 09.10.2023 Order No. 01.
This matter is taken up through hybrid mode.
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending arrest in connection with Kalimela P.S. Case No. 230 of 2023 corresponding to G.R. Case No. 547 of 2023 pending in the court of learned J.M.F.C., Motu for the alleged commission of offence under Sections 273/420/109 of IPC read with Sections 20 and 29 of the Cigarettes and other Tobacco Products Act, 2003.
It is alleged that a vehicle belonging to the petitioner was carrying Tobacco products without license. The FIR discloses that the petitioner was not present at the spot but he was implicated on the basis of the statement of the driver that such Tobacco had been procured from him.
Considering the nature of accusations and the materials on record, I am inclined to allow the prayer for anticipatory bail. It is therefore, directed that in the event of arrest of the petitioner in connection with the aforesaid case, he shall be released by the arresting officer on such terms and conditions as he may deem fit and proper to impose.
Urgent certified copy of this order be granted on proper application. (Sashikanta Mishra) Judge B.C. Tudu Signature Not Verified Digitally Signed Signed by: BHIGAL CHANDRA TUDU Reason: authentication Location: Orissa High Court, Cuttack Date: 16-Oct-2023 11:48:10
Precedent status how later indexed judgments have treated this case
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