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2026 DAILYLAW 15876 (ORI)

HEMANANDA NAYAK v. STATE OF ODISHA

BLAPL/3776/2026 · 2026-05-06

S K Panigrahi

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 3776 of 2026 Hemananda Nayak ..…... Petitioner(s) Mr. Mahes Das, Adv. -versus- State of Odisha .….... Opposite Party Ms. Sarita Moharana, ASC CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 06.05.2026 Order No. 01 F.I.R. No. Dated Police Station Case No. and Courts’ Name Sections 378 26.11.2025 Balliguda C.T. Case No.196 of 2025 pending in the court of learned Special Judge-cum- Addl. District and Sessions Judge, Balliguda Sections 20(b)(ii)(C) of the NDPS Act Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 08-May-2026 19:57:03 Signature Not Verified 2 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the Parties. 3. The Petitioner being in custody in Balliguda P.S. No. 378 of 2025 corresponding to C.T. Case No.196 of 2025 pending in the court of learned Special Judge-cum-Addl. District and Sessions Judge, Balliguda, registered for the alleged commission of offences under Section 20(b)(ii)(C) of the NDPS Act, has filed this petition for his release on bail. 4. The brief fact of the case is that on 26.11.2025 at 7.15 P.M., the informant named Kishore Chandra Pradhan, S.I. of Balliguda P.S., lodged a written report alleging that he, along with a police team conducted raid near village Puninata area and detected contraband article observing all the legal formalities and seized 23 Kgs 100 grams of contraband article from the conscious and exclusive possession of the accused. 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 26.11.2025. Hence, he submits that, the prayer of the present Petitioner may be allowed. Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 08-May-2026 19:57:03 Signature Not Verified 3 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. 7. Without going into the merit of the case and based on the facts and circumstances of the case, it is directed that the Petitioner be released on bail in the aforesaid case with some stringent terms and conditions as deemed just and proper by the learned court in seisin over the matter with further conditions that:- i. The Petitioner shall appear before the local Police Station on every alternate Sunday between 10.00 A.M. to 12.00 P.M. till conclusion of the trial.; ii. The Petitioner shall appear before the learned court in seisin over the matter on each date of posting of the case; iii. The Petitioner shall not indulge himself in any criminal offence while on bail. iv. The Petitioner shall not tamper the evidence of the prosecution evidence in any manner. 8. Violation of any of the above conditions shall entail cancellation of the bail. 9. The BLAPL is, accordingly, disposed of. ( Dr. Sanjeeb K Panigrahi) Judge Murmu Designation: P.A.