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2025 DAILYLAW 80554 (ORI)

SARAT CHANDRA TANDI v. STATE OF ODISHA

BLAPL/13371/2025 · 2025-12-22

S K Panigrahi

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.13371 of 2025 Sarat Chandra Tandi ..…... Petitioner(s) Mr. Manas Kumar Chand, Adv. -Versus- State of Odisha ………. Opposite Party(s) Mr. RajdeepPradhan, ASC CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 22.12.2025 Order No. 01. FIR No. Dated Police Station Case No. and Courts’ Name Sections 0059 15.12.2025 Lathor Lathor P.S. Case No.59 of 2024 corresponding to Spl. G.R. Case No.8 of 2024 pending in the court of learned Additional Sessions Judge- cum-Special Judge, Patnagarh Sections 279/337 of I.P.C. read with Section 20(b) (ii) (C) of N.D.P.S. Act 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the Parties. 3. The petitioner, currently in judicial custody in connection with Lathor P.S. Case No.59 of 2024 corresponding to Spl. G.R. Case No.8 of 2024 pending in the court of learned Additional Sessions Judge-cum-Special Judge, Patnagarh, registered for alleged offences under Sections 279/337 of I.P.C. read with Section 20(b) (ii) (C) of N.D.P.S. Act, has filed the present application seeking release on bail. 4. The brief fact of the case is that on 08.03.2024 at about 2.30 A.M., while the informant being the OIC, Lathor P.S. along with his staff were performing patrolling duty, he received reliable information regarding Transportation of Contraband Ganja in the TATA Sumo Vehicle. Accordingly, to verify the authenticity of such information, the informant set up a police team and proceeded towards the spot and after waiting for some time, the police team noticed the TATA Sumo vehicle was coming towards them in a very high speed. However, although the police team signaled the vehicle to stop, instead of stopping it, the driver accelerated its speed. Thereafter, the police team chased the vehicle and in this process after covering some distance, the TATA Sumo vehicle met with an accident in a road side house and stopped the vehicle. The police team managed to round up the TATA Sumo Vehicle and found three persons to be inside the vehicle and on further search, the police team found one Jerry bag containing packets. On being weighed, the jerry bag found containing 264 Kg 570 grams of ganja. As the detained persons disclosed their identity as co- accused persons, one of them disclosed his identity as the Petitioner and on further demand, the said accused persons failed to produce any authority regarding possession of such quantity of ganja. Hence, the F.I.R. was lodged. 5. Learned counsel for the petitioner submits that the petitioner the investigation of this case has been completed. It is further submitted that the petitioner has been in judicial custody since 08.03.2024. Accordingly, it is prayed that the Petitioner be released on bail. 6. Learned counsel for the State vehemently opposes the prayer for bail. 7. Considering the nature of gravity of the accusation, character of evidence appearing against the petitioner, and since the charge-sheet has not been filed, this Court is not inclined to release the petitioner on bail. The Petitioner may approach afresh after filing of the charge-sheet. 8. Accordingly, the BLAPL is dismissed. 9. Issue urgent certified copy of the order pas per Rules. (Dr. Sanjeeb K Panigrahi) Judge Sumitra