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2026 DAILYLAW 23992 (ORI)

RAKIBUL SEKH v. STATE OF ODISHA

BLAPL/4877/2026 · 2026-07-07

Gourishankar Satapathy

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.4877 of 2026 Rakibul Sekh … Petitioner Mr. C. Rout, Advocate -versus- State of Orissa … Opposite Party Mr. C. Mohanty, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL)07.07.2026 03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with STF PS Case No.18 of 2024 corresponding to CT (Spl) NDPS Case No.06 of 2024 pending in the file of learned Addl. Sessions Judge-cum-Special Judge, Talcher for commission of offences punishable U/Ss.21(c)/29 of the NDPS Act on the main allegation of possessing 1Kgs and 120Grams of Brown Sugar, along with co-accused persons. 3. Heard, Mr. Chiranjib Rout, learned counsel for the petitioner and Mr. C. Mohanty, learned Addl. PP in the matter and perused the record. 4. After having considered the rival submissions and taking into consideration the nature and gravity of the offence as alleged against the petitioner vis-à-vis the allegation sought to be brought against her and regard being had to the recovery and seizure of 1Kgs p. 2 and 120Grams of Brown Sugar, which is well above the commercial quantity from possession of the present petitioner, but the plea of the petitioner being for grant of bail on account of non-examination of the witnesses, however, the conditions of Sec.37 of NDPS Act being not satisfied keeping in view the law laid down by the Apex Court in State of Punjab vrs. Sukhwinder Singh @ Gora; 2026 Live Law(SC) 421; this Court is not inclined to grant bail to the petitioner at this stage. 5. Hence, the bail application of the petitioner stand rejected. Accordingly, the BLAPL stands disposed of. A soft copy of the order be immediately communicated to the learned trial Court. (G. Satapathy) Judge Jayakrushna