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2026 DAILYLAW 18074 (ORI)

RAMESH KUMAR v. STATE OF ODISHA

BLAPL/3602/2026 · 2026-05-14

Sibo Sankar Mishra

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.3602 of 2026 Ramesh Kumar …. Petitioner Mrs. Ranjita Singh, Advocate -versus- State of Odisha …. Opp. Party Ms. Suvalaxmi Devi, ASC CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 14.05.2026 02. 1. The petitioner is an accused in connection with P.R. No.129/2025-26 of OIC of Excise, Angul No.1, Excise Station corresponding to C.T. (NDPS) Case No.27/2025 registered for the alleged commission of the offences punishable under Section 20(b)(ii)(c) of the N.D.P.S. Act, pending in the Court of the learned Judge, Special Court under N.D.P.S. Act-cum-Additional Sessions Judge, Angul. The petitioner had approached the learned Judge, Special Court under N.D.P.S. Act-cum-Additional Sessions Judge, Angul (I/C) in C.T. (N.D.P.S.) Case No.27 of 2025 praying for grant of bail. The learned Court below vide its order dated 31.03.2026 rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the p. 2 present petition under Section 483 of BNSS, 2023 praying for enlargement on bail. 2. 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. 3. The prosecution case as per F.I.R. is that on 02.09.2025 at about 7.00 A.M., while the O.I.C. of Angul No.I Excise Station along with staff were performing patrolling duty near Angul Railway Station and nearby areas, they found the petitioner was standing near Angul Railway Station holding one white colour jerry basta. On suspicion, they detained the petitioner. On search, the Excise officers seized 26 kgs. of ganja from the conscious possession of the petitioner. Hence, the case. 4. Vide order dated 05.05.2026, learned counsel for the petitioner was directed to file a comprehensive affidavit disclosing the criminal antecedents of the petitioner, his permanent address as well as the details of his local surety. Pursuant to the said order, the affidavit has been filed by the wife of the petitioner on 07.05.2026. The petitioner has p. 3 been in custody since 02.09.2025. The charge sheet has been filed in the present case on 28.03.2026. As per the said affidavit filed by the wife of the petitioner, there is no criminal antecedent against the petitioner. 5. Regard being had to the nature of allegation against the petitioner and the period of his custody since 02.09.2025, I am inclined to enlarge the petitioner on bail. 6. Hence, the petitioner is directed to be released on bail by the learned 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 and subject to verification of the contents of affidavit dated 07.05.2026 filed by the wife of the petitioner. (i) He shall not leave the jurisdiction of the trial Court till the disposal of the trial; (ii) He shall appear before the trial Court on each date on which the case is posted for trial without fail; (iii) He shall not tamper with the evidence in any manner whatsoever; (iv) He shall not commit any offence while on bail, and (v) He shall be released on bail subject to verification of similar type of antecedents. Violation of any of the bail conditions imposed by this Court or the trial Court even on a single occasion, the p. 4 Subhasis prosecution is at liberty to move appropriate application before the Court below for cancellation of the concession of bail granted by this Court. If such application is filed, the trial Court should decide the application on its own merit. 7. The BLAPL is accordingly disposed of. (S.S. Mishra) Judge Designation: Personal Assistant Location: High Court of Orissa, Cuttack. Date: 15-May-2026 17:37:07