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2025 DAILYLAW 9032 (ORI)

NANDAN NAIK v. STATE OF ODISHA

BLAPL/266/2025 · 2025-01-10

R K Pattanaik

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.266 of 2025 Nandan Naik …. Petitioner Mr. B.P.Nanda, Advocate -Versus- State of Odisha …. Opposite Party Mr. D.K.Sahoo, AGA CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 10.01.2025 01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 483 BNSS is filed for release of the petitioner on bail in connection with P.R. Case No.209 of 2024-25 dated 31st December, 2024 arising out of OIC, Talcher Excise Station, pending in the file of learned Additional Sessions Judge-cum-Special Judge, Talcher corresponding to C.T.(Special) NDPS Case No.14 of 2024 on the grounds stated therein. 3. Perused the P.R. as at Annexure-1 and rejection order (Annexure-2). 4. Considered the submissions of learned counsel for both the sides. 5. From the P.R. i.e. Annexure-1, the Court finds that 42 grams of heroin was recovered from the exclusive possession of the petitioner. It is claimed that the petitioner is having no other criminal antecedent of similar nature and is in custody from 31st December, 2024. p. 2 6. Recorded the objection of Mr. Sahoo, learned AGA for the State. 7. The Court considering the fact that less than commercial quantity of contraband substance is shown to have been recovered from the petitioner, who claims to have no antecedent either, the Court is of the view that he should be allowed to go on bail. 8. Hence, it is ordered. 9. In the result, petition under Section 483 BNSS stands allowed. Consequently, the petitioner is directed to go on bail in connection with P.R. Case No.209 of 2024-25 corresponding to C.T. (Special) NDPS Case No.14 of 2024 subject to him furnishing a bail bond of Rs.40,000/-(rupees forty thousand) with one solvent surety for the like amount to the satisfaction of the learned Additional Sessions Judge-cum-Special Judge, Talcher who shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case and absence of antecedent of similar nature. 10. The BLAPL is disposed of. 11. Urgent certified copy of this order be granted as per rules. (R.K. Pattanaik) Judge kabita