Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.5399 of 2025 Dipankar Chakroborty …. Petitioner(s) Mr. Himanshu Sekhar Mishra, Adv.
-versus- State of Odisha …. Opposite Party(s)
Mr. Prem Kumar Mohanty, ASC
CORAM:
HON’BLE DR.JUSTICE S.K. PANIGRAHI
Order No.
ORDER 30.05.2025
F.I.R. No. Dated Police Station Case No. and Courts’ Name Sections P.R. No.15/ 2025 26.04.2025 Birmarajpur Excise Special 2(a)CC No.11 of 2025 arising out of Birmaharajpur Excise P.R. No.15/2025 pending in the Court of learned Special Judge, Sonepur Sections 20(b)(ii) (B) of the N.D.P.S Act
01. 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the Petitioner and learned counsel for the State. 3. The Petitioner being in custody in connection with Special 2(a)CC No.11 of 2025 arising out of Birmaharajpur Excise P.R. No.15/2025 pending in the Court of learned Special Judge, Sonepur registered for the alleged commission of offences under Sections 20(b)(ii) (B) of the Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 31-May-2025 11:20:52 Signature Not Verified
N.D.P.S Act, has filed this application for his release on bail. 4. The brief fact of the case is that on getting credible information regarding transportation of contraband Ganja the Excise personnel on 26.06.2025 at about 12.00 P.M. detained the car bearing registration number OD-07-D- 4448 near Dharmashala area. On search, the Excise personnel recovered 12 Kg. of contraband Ganja from the said car. Since the Petitioner was there in the said car, he was arrested. Accordingly, the Petitioner has been languishing in custody since 26.04.2025. 5. Learned counsel for the Petitioner contends that the car from which the contraband Ganja alleged to have been seized, does not belong to the present Petitioner. The Petitioner was only travelling through the said Car. He further contends that though nothing has been seized from the conscious possession of the present Petitioner, the contraband Ganja alleged to have been seized from the conscious possession of the present Petitioner comes within the purview of below commercial quantity. He, accordingly, prays for permitting the Petitioner to be released on bail. 6. Learned counsel for the State vehemently opposes the prayer for bail of the Petitioner. He further submits that such type of offences is not tolerable in a law abiding Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 31-May-2025 11:20:52 Signature Not Verified
society. He, accordingly, prays for dismissal of this BLAPL. 7.
Considering the submissions made on behalf of both the parties, this Court without going into the merits of the case, directs the court in seisin over the matter to release the present Petitioner on bail in the aforesaid case on furnishing of cash security of Rs.50,000/- (Rupees Fifty thousand only) each along with two local solvent sureties each for the like amount to the satisfaction of the court in seisin over the matter with further conditions that: i. the Petitioner shall appear before the concerned local Police Station in every fortnight on Monday between 10.00A.M. to 1.00P.M. till conclusion of the trial; ii. the Petitioner shall not indulge himself in any criminal activities in future; iii. the Petitioner shall not tamper the evidence of the prosecution witnesses in any manner;
Violation of any of the above conditions shall entail cancellation of the bail. 8. The BLAPL is, accordingly, disposed of. (Dr. S.K. Panigrahi) Vacation Judge Ayaskanta Designation: Personal Assistant