Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.10458 of 2025
Sahid Mandal Nayak …. Petitioner
Dr. Simanchalla Ranjit, Advocate -versus- State of Odisha …. Opp. Party
Mr. Aurovinda Mohanty, Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
Order No.
ORDER
17.10.2025
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 B.N.S.S, 2023 in connection with T.R. Case No.102 of 2025 arising out of P.R. No. 152 of 2025-26 of Khordha Excise Station, Khordha pending in the Court of learned 1st Addl. Sessions Judge -cum- Special Judge, Khordha for alleged commission of 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 Special Judge under NDPS
Act, Khurda, which was rejected on 25.09.2025.
Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 20.09.2025 and the quantity of ganja stated to have seized from the possession of the petitioner is 5 kgs which is lesser than commercial quantity and the bar under section 37 of the N.D.P.S. Act is not applicable and therefore, the bail application of the petitioner may be favourably considered.
Learned counsel for the State opposed the prayed for bail.
Considering the submissions made by the
learned counsel for the respective parties, the quantity of ganja seized, absence of bar under section 37 of the N.D.P.S. Act, progress of investigation and the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two local solvent sureties each 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 Pravakar