IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 4072 of 2026 Manoj Kumar Tamukia ..…... Petitioner(s) Mr. Amulya Ratna Panda, 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 333 16.03.2026 District Excise Mobile Unit Kandhama l 2(a)CC Case No.8 of 2026 pending in the court of learned Special Judge, Phulbani Sections 20(b)(ii)C of the NDPS Act 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the Parties. 3. The Petitioner being in custody in District Excise Mobile Unit Kandhamal P.R. No. 333 of 2025-26 corresponding to 2(a)CC Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 08-May-2026 19:57:03 Signature Not Verified 2 Case No.8 of 2026 pending in the court of learned Special Judge, Phulbani, 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 16.03.2026 around 11.25 AM, the informant being the SI of Excise of District Mobile Unit, Kandhamal along with other companion excise personnel, while performing patrolling-cum-vehicle checking duty at Phulbani Medical Chhak, received reliable source of information regarding transportation of ganja in a silver colour Hyundai I-20 Car bearing Registration No.OD-17M- 8111 and another white colour Maruti Suzuki Dzire Car bearing Registration No.OD-02DG-7530, which were coming from Katringia side towards Phulbani occupied by two persons each including respective drivers of both the vehicles. The said cars were intercepted and the petitioners along with another person (CCL) were detained at Medical Chhak, Phulbani. While petitioner Rakesh Behera was the driver of one car in seated therein by CCL as occupant, the petitioner Lamba Digal was the driver of the another car in seated therein by petitioner Manoj Kumar Tumukia as occupant. It is said that smell of ganja was emitting from the said cars. Thereafter, upon following necessary formalities as Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 08-May-2026 19:57:03 Signature Not Verified 3 per provisions of law, they searched and recovered one jerry sack each from boot space of the respective cars. On weighment, the net weight of contraband ganja allegedly recovered from the jerry sack kept in the Hyundai Car came to 20 Kgs and the net weight of contraband ganja said to have recovered from the jerry sack kept in the Maruti Suzuki Car came to 21 Kgs, whereas, the weight of empty jerry sacks came to 100 Grams each. In total, 41 Kgs of net quantity ganja was recovered from those two sacks. 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 16.03.2026. Hence, he submits that, the prayer of the present Petitioner may be allowed. 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 Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 08-May-2026 19:57:03 Signature Not Verified 4 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.