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2002 DAILYLAW 851 (ORI)

ANIL KUMAR GOENKA v. STATE OF ODISHA

ABLAPL/2002/2026 · 2026-04-15

R K Pattanaik

body2002

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2002 of 2026 Anil Kumar Goenka …. Petitioner Mr. Abhijit Das, Advocate -Versus- State of Odisha …. Opposite Party Mrs. S. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 15.04.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition has been filed under Section 482 BNSS by the petitioner seeking pre-arrest bail in connection with Pandapada P.S. Case No. 15 of 2026 pending in the file of learned SDJM, Keonjhar corresponding to G.R. Case No.141 of 2026 on the grounds stated. 3. Perused the F.I.R. as at Annexure-1. It is submitted to the Court that the investigation is in progress. The submission of learned counsel for the petitioner is that the present accused is having no other criminal antecedent but he is alleged to have transported tobacco products in bulk in a four-wheeler owned by him. The further submission is that Pan Masala which was being transported along with the tobacco products has been declared not being covered under the prohibition imposed by a notification of the Government of Odisha, Health & Family Welfare Department, Odisha dated 29th January, 2026. It is claimed that the petitioner is having license to deal with the tobacco products and in wholesale business of the same and while claiming so, a copy of the GST Registration Certification is produced for the Court’s perusal. From the F.I.R., the Court finds that large quantity of Gutkha, Pan Masala and tobacco products were being transported in a Pick-up van and it was recovered from the conscious possession of the driver named therein in presence of the witnesses. The petitioner happens to be the owner of the vehicle and claims to have the license to deal with the tobacco products. Considering the above facts and objection of the State and since there has been recovery and seizure of all the articles since revealed from the F.I.R., under the impression that substantial part of investigation must have been over by now and recording the plea that the petitioner is having no other antecedent in the past, though, not in favour of granting pre-arrest bail to him, is of the view that he should be directed to surrender before the learned court below for being released with stringent conditions. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, the petitioner surrenders before the court of learned SDJM, Keonjhar within a month from today, it is directed that he shall be released on bail in connection with G.R. Case No.141 of 2026 corresponding to Pandapada P.S. Case No. 15 of 2026 on furnishing a bail bond of Rs.50,000/-(rupees fifty thousand) with one solvent surety for the like amount with such other conditions imposed by the court concerned as deemed just and proper in the facts and circumstances of the case besides the following such as, he shall not be involved in similar criminal activities, while on bail and to cooperate the I.O. in the investigation as and when summoned. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Kabita