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2026 DAILYLAW 14747 (ORI)

SALIMA PRADHAN v. STATE OF ODISHA

ABLAPL/4810/2026 · 2026-05-04

Aditya Kumar Mohapatra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.4810 of 2026 Salima Pradhan ..... Petitioner Represented by Adv. - Akshaya Kumar Sahoo -versus- State of Odisha ..... Opposite Party Represented by Adv. - Mr. D.K.Sahoo, A.G.A. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 04.05.2026 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner and learned Additional Government Advocate for the State. Perused the Anticipatory Bail Application as well as the F.I.R. 3. This is an application under Section 482 of the B.N.S.S., 2023 filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 20(b)(i)(c) & 29 of the N.D.P.S. Act in Special G.R. Case No.85 of 2024 (N) in the Court of learned ADJ - Cum - Special Judge, Bhanjanagar arising out of Bhanjanagar P.S. Case No.1247 of 2025. 4. It is stated by the learned counsel for the Petitioner that the Petitioner is a lady and she happens to be the owner of the vehicle which was involved in the illegal transportation of the contraband article. Learned counsel for the Petitioner further submitted that Page 2 of 3. although the Petitioner is the owner of the vehicle, however such transportation was not being carried out with the consent of the present Petitioner. Learned counsel for the Petitioner further submitted that nothing has been recovered from the exclusive and conscious possession of the present Petitioner and, therefore, the bar under Section 37 of the NDPS Act would not be attracted. He further submitted that the driver who was arrested from the spot has also not named in the present Petitioner in his statement. He further contended that the Petitioner does not have any criminal antecedent. It is also submitted that the Petitioner be released on bail any stringent terms and conditions that would be imposed by this Court in the event she is released on pre-arrest bail. 5. Learned counsel for the State, on the other, hand objected to release of the Petitioner on bail on the ground of the seriousness and gravity of the allegations. He further submitted that incidents of this nature are on the rise in the State of Odisha and, therefore, no leniency should be shown to the Petitioner merely on the ground that she is a lady. It was also contended that the investigation is still on, therefore, the release of the Petitioner at this juncture would cause delay in conclusion of the investigation. 6. At this stage, learned counsel for the Petitioner submitted that the Petitioner does not want to press this bail application and seek liberty to surrender before the court below and move an application for bail. 7. Considering such submissions, the Petitioner is permitted to surrender before the learned court in seisin over the matter within a period of three weeks from today and move an application for bail. In such eventuality, learned court in seisin over the matter shall Page 3 of 3. release the Petitioner on bail subject to such terms and conditions as the learned Magistrate may deem just and proper. Violation of any of the terms and conditions shall entail cancellation of the bail. 8. It is further directed that the bail granted to the Petitioner shall be subject to the verification of her criminal antecedent. In the event, the Petitioner is having any criminal antecedent, then this order shall stand automatically revoked. 9. The ABLAPL is disposed of accordingly. Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge Rubi