Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 9865 of 2025
Gobinda Patel and another
…. Petitioners Mr. P.K. Routray, Advocate
-versus- State of Odisha
…. Opp. Party Ms. S. Devi, ASC
CORAM:
JUSTICE SIBO SANKAR MISHRA
Order No.
ORDER 26.09.2025
02. 1. The petitioners are accused in connection with Ambabhona P.S. Case No. 146 of 2025 corresponding to C.T. (SPL) Case No. 55 of 2025 registered on the allegation of the alleged commission of offence punishable under Section 20(b)(ii)(B)/29 of the N.D.P.S. Act, pending in the Court of the learned Special Judge, Bargarh. The petitioners had approached the learned Special Judge, Bargarh in C.T. (SPL) Case No. 55 of 2025 praying for grant of bail. The learned Court below vide its order dated 02.09.2025 rejected the bail application of the petitioners. Being aggrieved, the petitioner has filed the present petition under Section 483 of BNSS, 2023 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 22.08.2025, the informant received information from the reliable source that keeping of illegal contraband ganja in the house veranda of one Chamra Das of village Kalami for selling purpose. Having got the information he along with other staffs proceed towards village Kalmi and onbeign searched found the bulk of ganja kept in one gunny bag (jerry sack) of 9 kg. 950 grams kept in three separate packets including the weight of polythene and gunny bag was recovered from the possession of the petitioners at village Kandapala under Ambbabhona P.S. Thereafter, he seized the contraband ganja, one hero motor cycle without registration number and three mobile phones, and arrested the accused persons. 4. Learned counsel for the petitioner submits that, total 9kg 950 grams of ganja has been allegedly recovered from the present petitioners, which is less than the commercial quantity. The petitioners are in custody since 22.08.2025 and the petitioners have no criminal antecedent. 5. Taking into consideration the quantity of contraband recovered from the petitioners and the period of custody of the petitioners since 22.08.2025, 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 deem just and proper, subject to the following additional conditions:
Ashok (i) The petitioners shall appear before the I.I.C. of the concerned Police Station on every last Sunday of the month 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 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. 7. The BLAPL is accordingly disposed of. (S.S. Mishra) Judge
Designation: Secretary