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2025 DAILYLAW 54772 (ORI)

KANISHK DAHIYA v. STATE OF ODISHA

BLAPL/9065/2025 · 2025-09-22

S K Sahoo

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.9065 of 2025 Kanishk Dahiya …. Petitioner Mr. Amulya Ratna Panda, Advocate -versus- State of Odisha …. Opp. Party Mr. Aurovinda Mohanty, Addl. Standing Counsel CORAM: JUSTICE S.K. SAHOO Order No. ORDER 22.09.2025 01. This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioner and learned counsel for the State. This is an application under section 483 of BNSS in connection with Nandapur Excise Station P.R. No.104 of 2025-26 corresponding to T.R. Case No.105 of 2025 pending in the Court of learned Addl. Sessions Judge -cum- Special Judge, Koraput for the offence punishable under section 20(b)(ii)(B) of the N.D.P.S. Act. The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge -cum- Special Judge, Koraput, which was rejected on 23.08.2025. Digitally Signed Signed by: SIPUN BEHERA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 23-Sep-2025 13:45:13 Signature Not Verified p. 2 Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 22.08.2025 and the quantity stated to have been seized from the possession of the petitioner is 5 kg. of ganja, which is lesser than commercial quantity and therefore, the bar under section 37 of the N.D.P.S. Act is not applicable and on hearing learned counsel for the State, I am inclined to release the petitioners on bail. Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two local solvent sureties for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper including the conditions that the petitioner shall appear before the learned trial Court on each date to which the case is posted for trial, shall not indulge in any criminal activities and shall not try to tamper with the prosecution evidence. Violation of any of the conditions shall entail cancellation of bail. The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules. ( S.K. Sahoo) Judge Sipun