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2026 DAILYLAW 24316 (ORI)

KAILASH CHANDRA JAGADALA @ KAILASH JAGADALA v. STATE OF ODISHA

ABLAPL/6530/2026 · 2026-07-06

R K Pattanaik

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.6530 of 2026 Kailash Chandra Jagadala @ Kailash Jagadala …. Petitioner Mr. J.K. Panda, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. K. Brahma, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 06.07.2026 02. 1. Heard learned counsel for the petitioner and State. 2. Instant petition has been filed under Section 482 BNSS by the petitioner seeking pre-arrest bail in connection with Gochhapada P.S. Case No.106 of 2023 corresponding to C.T. Case No.106 of 2023 pending in the file of learned Sessions Judge, Phulbani on the grounds stated. 3. Perused the FIR as at Annexure-1. Recorded the submissions of learned counsel for the respective parties. The FIR reveals recovery of commercial quantity of contraband Ganja. Recorded the objection of the State. Mr. Panda, learned counsel for the petitioner submits that the present accused was not at the spot, hence, Section 37 of the NDPS Act would not be attracted to the facts of the case at hand. Recording such submission, without expressing anything on merits of the case, this Court is not inclined to entertain any such demand for bail p. 2 however to grant the liberty to the petitioner to surrender before the learned court below seeking regular bail. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of leaving it upon for the petitioner to surrender before the court of learned Sessions Judge, Phulbani in connection with C.T. Case No.106 of 2023 corresponding to Gochhapada P.S. Case No.106 of 2023 within a fortnight from today and to move regular bail, which shall be considered with the plea based on inapplicability of Section 37 of the NDPS Act. It is also directed that the case diary and other police papers shall be made available to the Sessions Court at the time of hearing of the bail application of the petitioner. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Tudu