Research › Search › Judgment

High Court of Orissa · body

2026 DAILYLAW 20907 (ORI)

SUSHIL GUPTA @ BABUA v. STATE OF ODISHA

ABLAPL/6890/2026 · 2026-06-19

V Narasingh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 6890 of 2026 Sushil Gupta @ Babua …. Petitioner Mr. S.K Sahu, Advocate -versus- State of Odisha …. Opposite Party Mr. P. Satapathy, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 19.06.2026 01. 1. Heard learned counsel for the Petitioner and learned counsel for the State. 2. The Petitioner is seeking pre-arrest bail in connection with C.T. Case No.107 of 2026, pending on the file of learned N.G.N-CUM-J.M.F.C, Attabira, arising out of Attabira P.S. Case No.109 of 2026, for commission of offences punishable under Sections 52(a) The Orissa Excise Act r/w 276/277/3(5) of BNS. 3. The allegation against the present Petitioner is of recovery of 06 numbers of Wincerex cough syrup containing 100 ml with the company sealed condition, two number of unsealed bottles of codeine phosphate p. 2 and triprolidine hydrochloride and 17 number of Cycle mark OS liquor pouches containing 200 ml each. 4. It is submitted by the learned counsel that though the Petitioner does not have criminal antecedent of similar nature, he is arrayed as an accused in cases relating to other offences. 5. Learned counsel for the State opposes the prayer for pre-arrest bail. 6. Considering the rival submissions, this Court is not inclined to entertain the application for pre-arrest bail. However, it is directed that the Petitioner may surrender before the learned N.G.N-CUM-J.M.F.C, Attabira in connection with the aforementioned case within one month from today. In the event of his surrender and motion for bail, the same be considered by the learned N.G.N- CUM-J.M.F.C, Attabira on merits, in the first hour of the day. In the event of rejection of the prayer for bail by the learned N.G.N-CUM-J.M.F.C, Attabira, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day. 7. On being so moved, the higher forum is requested to make an endeavor to dispose of the bail application of the Petitioner on the same day. The case diary shall be made available to the p. 3 concerned courts to facilitate disposal of the bail application of the Petitioner and learned N.G.N-CUM- J.M.F.C, Attabira is called upon to transmit the case record to the higher forum in the second hour expeditiously in the event of rejection of the bail application by him. Ground of parity, if any, may be considered by the learned court(s) below. 8. Accordingly, the ABLAPL stands disposed of. 9. U.C.C. as per rules. (V. NARASINGH) Vacation Judge Jina