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2025 DAILYLAW 28512 (ORI)

ANIL KUMAR KANHAR v. STATE OF ODISHA

BLAPL/4020/2025 · 2025-05-09

Sibo Sankar Mishra

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.4020 of 2025 Anil Kumar Kanhar & another …. Petitioners Mr. S.S. Dash, Advocate -versus- State of Odisha …. Opp. Party Mr. Tej Kumar, ASC CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 09.05.2025 01. 1. The petitioners are accused in connection with Bhanjanagar Excise Station P.R. Case No.02 of 2025 corresponding to 2(a) CC No.07 of 2025 (NDPS) registered for the alleged commission of offence punishable under Section 20(b)(ii)(B) of the N.D.P.S. Act, pending in the Court of the learned Additional Sessions Judge-cum- Special Judge, Bhanjanagar, Ganjam. The petitioners had approached the learned Special Judge, Bhanjanagar in 2(a) CC No. 07 of 2025 praying for grant of bail. The learned Court below vide its order dated 07.04.2025 rejected the bail application of the petitioners. Being aggrieved, the petitioners have filed the present petition under Section 439 of the Cr.P.C. praying for enlargement on bail. 2. Learned counsel for the petitioners, on instruction from the petitioners, submits that, except the present bail application, no other bail application of the petitioners is pending in any other Court relating to the aforesaid F.I.R. 3. The prosecution case is that on 02.04.2025 at about 10.30 A.M., some members of excise staff of Bhanjanagar Excise Station were performing excise patrolling duty at Landei Sahi Chhaka under Bhanjanagar P.S. When they noticed accused persons coming in a blue and black colour TVS NTORO Scooty bearing Regd. No.OD-12-F- 6556 keeping a white colour jerry basta in between them, on suspicion, they detained them with jerry basta and on search, the OIC Excise Station recovered 15 kg. of ganja (cannabis) from their possession. Hence, the FIR. 4. Learned counsel for the petitioners submits that, total 15 kg. of ganja has been recovered from the present petitioners. The petitioners have been in custody since 02.04.2025 and they don’t have any criminal antecedent. 5. Taking into consideration the quantity of contraband recovered from the petitioners and the period of custody of the petitioners since 02.04.2025, I am inclined to enlarge the petitioners on bail. 6. Hence, the petitioners are directed to be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would Ashok deem just and proper, subject to the following additional conditions: (i) The petitioners shall appear before the I.I.C. of the concerned Police Station on every Sunday between 10.00 A.M. and 12.00 Noon for at least six months; (ii) They shall not leave the jurisdiction of the trial Court till the disposal of the trial; (iii) They shall appear before the trial Court on each date on which the case is posted for trial; (iv) They shall not tamper with the evidence in any manner whatsoever; (v) They shall not commit any offence while on bail, and (vi) They shall be released on bail subject to verification of similar type of antecedents. In the event the petitioners are found wanting for violation of any of the bail conditions imposed by this Court or the trial Court even on a single occasion, the prosecution is at liberty to move appropriate application before the Court below for cancellation of the concession of bail granted by this Court. If such application is filed, the trial Court should decide the application on its own merit. 7. The BLAPL is accordingly disposed of. (S.S. Mishra) Judge Designation: Secretary