Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.9315 of 2025
Jadumani Meher
…. Petitioner
Mr. Braja Kishor Panda, Advocate -versus- State of Odisha
…. Opp. Party
Mr. Sarat Chandra Pradhan, Additional Standing Counsel
CORAM: JUSTICE SIBO SANKAR MISHRA
Order No.
ORDER 22.09.2025
01.
1. The petitioner is an accused in connection with P.R. No.149/2025-26 of Sinapali Excise Station corresponding to SA Case No.46 of 2025 for the offence punishable under Section 21(b)(ii)(B) of the N.D.P.S. Act, pending in the Court of the learned District & Sessions Judge-cum-Special Judge, Nuapada. The petitioner had approached the learned Special Judge, Nuapada in SA No.46 of 2025 praying for grant of bail. The learned Court below vide its
order dated 01.09.2025 rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 of the Cr.P.C. praying for enlargement on bail. Page 2 of 4
2. Learned counsel for the petitioner, on instruction from the petitioner, submits that except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R.
3. The prosecution case is that on 26.08.2025, at about 7.30 A.M., when the Inspector of Excise of Sinapali Excise Station was performing patrolling duty along with his staff near village Sardhapur, at that time, the present petitioner was standing near Sardhapur College by holding a white coloured jerry bag. On suspicion, when they asked about that jerry bag, he could not reply satisfactorily. On search, the Excise personnel found 5 kgs. of contraband ganja from his possession. Hence, the F.I.R.
4. Learned counsel for the petitioner submits that, 5 Kgs. of contraband ganja has been allegedly recovered from the possession of the present petitioner, which is lesser than the commercial quantity. The petitioner has been in custody since 26.08.2025.The learned Counsel for the State doesn’t seriously disputes the said facts. 5. Regard being had to the quantity of contraband recovered from the petitioner and the period of custody of the petitioner since 26.08.2025, I am inclined to enlarge the petitioner on bail. Page 3 of 4
6. Hence, the petitioner is 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 deem just and proper, subject to the following additional conditions: (i) The petitioner shall appear before the I.I.C. of the concerned Police Station on every Sunday between 10.00 A.M. and 12.00 P.M. for at least six months;
(ii) He shall not leave the jurisdiction of the trial Court till the disposal of the trial;
(iii) He shall appear before the trial Court on each date on which the case is posted for trial;
(iv) He shall not tamper with the evidence in any manner whatsoever;
(v) He shall not commit any offence while on bail, and
(vi) He shall be released on bail subject to verification of similar nature of offence which is not disclosed in the petition. 7.
7. In the event the petitioner is 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. Page 4 of 4
Subhasis
8. The BLAPL is accordingly disposed of. (S.S. Mishra) Judge
Designation: Personal Assistant Location: High Court of Orissa, Cuttack. Date: 22-Sep-2025 19:34:30