Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.438 of 2026
Dinesh Nepak … Petitioner Mr. A. Tripathy, Advocate -versus- State of Orissa … Opposite Party Mr. P. Satpathy, Addl. PP
CORAM: JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL) 26.02.2026
01.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Kantamal PS Case No.186 of 2024 corresponding to Special (NDPS) Case No.105 of 2024 pending in the Court of learned Additional Sessions Judge-cum-Special Judge, Kantamal, for commission of offence punishable U/S.20(b)(ii)(C) of the NDPS Act, on the main allegation of possessing 22Kgs of Contraband Ganja in his vehicle.
3. Heard, Mr. Amitav Tripathy, learned counsel for the petitioner and Mr. P. Satpathy, learned Additional Public Prosecutor in the matter and perused the record.
4. Admittedly, the petitioner was neither apprehended from the spot nor was found in occupation of the vehicle carrying Contraband Ganja, but the petitioner was arrested and detained in custody since 28.11.2025 and in the meantime, charge-sheet has already been submitted, but trial is yet to commence p. 2 and there are 15 charge-sheeted witnesses and, therefore, the trial would take some time. It is, however, claimed that the petitioner is not having any criminal antecedent of similar nature. In the peculiar
facts and circumstances, especially when the petitioner was not found in occupation/possession of the vehicle in which Contraband Ganja was loaded, this Court considers that the petitioner has satisfied the conditions of Section 37 of NDPS.
5. For the reason stated hereinabove and regard being had to the pre trial detention of the petitioner in custody, this Court without expressing any view on merit admits the petitioner to bail.
6. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it.
7. Accordingly, the BLAPL stands disposed of. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e- mail for reference.
(G. Satapathy)
Judge
Subhasmita Designation: Sr. Stenographer