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2026 DAILYLAW 4354 (ORI)

NIRUTA KANHAR v. STATE OF ODISHA

ABLAPL/2344/2026 · 2026-04-21

Sibo Sankar Mishra

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2344 of 2026 Niruta Kanhar …. Petitioner(s) Mr. Amitav Tripathy, Advocate -versus- State of Odisha …. Opposite Party(s) Mr. Aurobinda Mohanty, ASC CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 21.04.2026 01. 1. Heard. 2. The petitioner is seeking pre-arrest bail in connection with Gochhapada P.S. Case No.164 of 2024 corresponding to C.T.(N) Case No.139 of 2024 for commission of offences under Section (20)(b)(ii)C of N.D.P.S. Act pending in the Court of the learned Special Judge, Phulbani. 3. The allegation against the petitioner, as set out in the F.I.R., is that on 15.09.2024 at about 10:02 A.M., the I.I.C., Gochhapada, along with other police personnel, while on patrolling duty near Gochhapada Chhak, received reliable information that the petitioner and other co-accused were preparing to transport a large quantity of ganja, i.e., the flowering and fruiting tops of cannabis plants, stored in 13 plastic jerry bags concealed in the jungle near Bunduli Chhaka under Gochhapada G.P. It was further indicated that the contraband had been procured from nearby localities and was being readied for illegal sale and transportation, and that immediate action was necessary to prevent its dissemination into illicit trade and consumption. Acting upon such information, the police conducted a search and recovered 13 poly bags emitting a strong smell of ganja. Upon examination, a total net quantity of 325 kilograms of contraband ganja, i.e., 25 kilograms in each of the 13 bags, was seized. On the basis of such report, Gochhapada Police registered a case under Section 20(b)(ii)(C) of the NDPS Act. 4. Mr. Tripathy, learned counsel for the petitioner submits that the three other accused persons have applied for bail by filing BLAPL No.9071 of 2025. The coordinate Bench of this Court vide order dated 12.11.2025 has admitted all of them on regular bail. Therefore, the present petitioner is entitled bail to parity. Since the co-accused persons have already granted bail, he fairly submits that his client would surrender before the learned trial Court on or before 10th May, 2026 and move for regular bail. 5. Regard being had to the submission of learned counsel for the petitioner, liberty is granted to the petitioner to surrender before the learned trial Court on or before 10th May, 2026 and move for bail. It is open for the petitioner to urge the point of parity as per the order dated 12.11.2025 passed by the coordinate Bench in BLAPL No.9071 of 2025. If he surrenders and moves application for bail, it is also expected that the learned trial Court shall dispose of the bail application on the same day on merits. 6. With this observation, the ABLAPL is disposed of. (S.S. Mishra) Judge Swarna