Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.3038 of 2026
Kapila Sahu …. Petitioner(s)
Mr. Amitav Tripathy, Advocate
-versus- State of Odisha …. Opposite Party(s)
Mr. Debraj Mohanty, AGA
CORAM: JUSTICE SIBO SANKAR MISHRA
Order No.
ORDER 02.05.2026
01.
1. Heard.
2. The petitioner is an accused in connection with P.R. No.137 of 2025/26 arising out of OIC of Excise Station, Manamunda corresponding to 2(a)C.C. Case No.06 of 2026 (NDPS Act) registered on the allegation of the commission of the offence under Section 20(b)(ii)(B) of the N.D.P.S. Act pending in the Court of the learned Additional Sessions Judge-cum-Special Judge, Kantamal.
3. The petitioner had approached the learned Court below praying for grant of bail. The learned Court p. 2 below vide its order dated 19.03.2026 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 483 of B.N.S.S., 2023 praying for enlargement on bail.
4.
Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R.
5. The prosecution case, in brief, is that on 18.03.2026 at about 8:00 A.M., while the Officer-in- Charge of Excise Station, Manamunda, along with his staff, was on patrolling duty in and around Palsagura and Dapla-I, they received reliable information that a person was waiting at Rugudipali Chhak with a jerry bag for the purpose of transporting ganja. Acting on the said information, the raiding party proceeded to the spot and found the person in possession of a jerry bag containing suspected contraband. Upon complying with the formalities prescribed under the NDPS Act, they p. 3 recovered 10kg of contraband ganja from the possession of the petitioner. Hence, this case.
6.
Learned counsel for the petitioner submits that 10kg of contraband ganja was allegedly seized from the possession of the petitioner, which is less than the commercial quantity. He further submits the petitioner has no criminal antecedent. The petitioner is in custody since 18.03.2026.
7. Regard being had to the period of custody from 18.03.2026, the nature of accusation and the quantity of contraband seized, I am inclined to admit the petitioner on bail.
Hence, the petitioner is directed to be released on bail by the Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following additional conditions:- (i) The petitioner shall report before the concerned Police Station being physically present once a month on last Sunday of every month for two months. p. 4 (ii) He shall not leave the jurisdiction of the trial Court till disposal of the trial. (iii) He shall appear before the trial Court on each date on which the case is posted for trial. (iv) He shall not tamper with the evidence in any manner whatsoever. (v) He shall be released on bail subject to verification of similar type of antecedents, if any.
Violation of any of the conditions shall entail
consideration for cancellation of the bail granted to the petitioner. In the event, any of the bail conditions are violated by the petitioner, the prosecution is given liberty to move appropriate application before the Court below for recalling the concession of bail. If such application is moved, the trial Court should decide the application on its own merit.
8. The BLAPL is accordingly disposed of.
(S.S. Mishra)
Judge
Swarna