Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.1602 of 2026
Kulamani Digal …. Petitioner Mr. S. K. Bhanjadeo, Advocate
-Versus- State of Odisha …. Opposite Party
Ms. S. Mohanty, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 23.03.2026
01. 1. Heard learned counsel for the respective parties. 2. Perused the P.R. as at Annexure-1 series. Mr. Bhanjdeo, learned counsel for the petitioner submits that the contraband Ganja was recovered and seized from a vehicle, which was intercepted by the Excise police but no one was there inside at the relevant point of time. The further submission is that the petitioner happens to be the owner of the alleged vehicle and is not involved in the illicit transportation of the contraband substance but apprehends arrest in connection with the alleged incident. In support of the ownership of the vehicle, Mr. Bhanjdeo, learned counsel refers to the R.C. Book i.e. Annexure-5 and other documents including the Insurance Policy (Annexure-4) besides the Aadhaar Card at Annexure-3. In fact, the petitioner had earlier approached this Court in ABLAPL No.11776 of 2025 and it was disposed of on 12th December, 2025 as being withdrawn. The submission of Mr. Bhanjadeo, learned counsel is that the petitioner cooperated in the investigation but he is being insisted upon to produce the driver of the vehicle, namely, Ashok Bagarty, son of one. Page 2 of 2
Surendra Bagarty. An additional affidavit is filed today revealing the details of the vehicle and its driver named above claiming that the petitioner is extending cooperation in the investigation but at the same time, he likely to be arrested for the incident. Recorded the submission of Ms. Mohanty, learned counsel for the State. Considering the facts pleaded on record with reference to the P.R. at Annexure-1 with the claim that the petitioner is the owner of the vehicle and not involved and has extended cooperation in the investigation, this Court though not inclined to grant him pre-arrest bail but in the peculiar facts and circumstances of the case is of the view that he should be granted interim protection for a specified period with a condition that he is to continue cooperating in investigation, which is stated to be in progress at present. 3. Accordingly, it is ordered. 4.
3. Accordingly, it is ordered. 4. In the result, the ABLAPL is disposed of with a direction that the petitioner shall not be taken into custody in connection with 2(a) C.C. Case No.30 of 2025 arising out of Excise Station Harabhanga P.R. Case No.54 of 2025-26 pending in the file of learned District and Sessions Judge, Boudh for a period of eight weeks from today with a condition that he shall attend the P.S. as and when called upon and to cooperate in the investigation without default. 5. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge
Balaram
Designation: PERSONAL ASSISTANT