Research › Search › Judgment

High Court of Orissa · body

2025 DAILYLAW 81072 (ORI)

SARASWATI NAIK v. STATE OF ODISHA

BLAPL/13116/2025 · 2025-12-19

S K Panigrahi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 13116 of 2025 Saraswati Naik ..…... Petitioner(s) Mr. Prajit Kumar Pradhan, Adv. -versus- State of Odisha .….... Opposite Party Ms. Sarita Moharana, ASC CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 19.12.2025 Order No. 01 F.I.R. No. Dated Police Station Case No. and Courts’ Name Sections 62 17.03.2010 S.I. of Excise, District Mobile Squad, Angul Special NDPS Case No.03 of 2010 pending in the court of learned Special Judge, Angul Sections 20(b)(ii)(C) of NDPS Act. 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the Parties. 3. The Petitioner being in custody in Inspector of S.I. of Excise, District Mobile Squad, Angul P.R. No. 62 of 2009-10 Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 22-Dec-2025 19:35:27 Signature Not Verified 2 corresponding to Special NDPS Case No.03 of 2010 pending in the court of learned Special Judge, Angul, registered for the alleged commission of offences under Section 20(b)(ii)(C) of NDPS Act, has filed this petition for her release on bail. 4. The brief fact of the case is that, on the written report of S.I. of Excise, District Mobile Squad, Angul who alleged to have recovered 20 Kgs of ganja from the possession of the Petitioner, who had identified herself as Kuni Sethi, W/o. Jagdish Sethi and the Jagdish Sethi who were transporting the ganja with a Suzuki Maxx-100 motor cycle bearing Registration No.OR-06-E-1879. Acordingly, the PR was registered against them. Hence, this case. 5. Learned counsel for the Petitioner submits that the Petitioner had no knowledge regarding transportation of contraband ganja. He further contends that nothing has been seized from the conscious possession of the present Petitioner. He further submits that the Petitioner is in custody since 10.11.2025. Hence, he submits that, the prayer of the present Petitioner may be allowed. 6. Learned counsel for the State vehemently opposes the prayer for bail stating that the quantity of ganja seized is clearly above the commercial quantity prescribed under the Act which bars granting of bail. Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 22-Dec-2025 19:35:27 Signature Not Verified 3 7. Without delving into the intricacies of the case or the merits of the allegations, and in light of the facts and circumstances at hand, this Court is of the view that the petitioner should be granted bail by the learned court in seisin over the matter in the aforesaid case. However, such release shall be conditioned upon stringent terms and conditions, as the learned court deems fit and just. The conditions are as follows:- i. The Petitioner shall appear before the local Police Station on 1st Monday of every month between 10 A.M. to 1.00 P.M.; ii. The Petitioner shall not indulge himself in any criminal offence while on bail. iii. The petitioner shall not tamper with the evidence or intimidate the prosecution witnesses in any manner. Any violation of the above conditions shall entail cancellation of bail. 8. The BLAPL is, accordingly, disposed of. ( Dr. Sanjeeb K Panigrahi) Judge Murmu Designation: P.A.