p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1626 of 2026 Abhimanyu Nayak …. Petitioner(s) Mr. Sapan Kumar Lenka, Adv. -versus- State of Orissa …. Opposite Party(s) Mr. Tej Kumar, ASC CORAM: HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI Order No. 01. ORDER 23.04.2026 F.I.R. No. Dated Police Station Case No. and Courts’ Name Sections P.R. No.141/ 2025-26 00.00.0000 Cuttack- I Excise P.S. 2(a)CC Case No.141/2025 arising out of Cuttack-I Excise P.S. P.R No.141/2025-26 pending before the Court of learned Sessions Judge- cum-Special Judge, Cuttack Sections 21(b) of the NDPS Act 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the Petitioner and learned counsel for the State. 3. The Petitioner being in custody in connection with 2(a)CC Case No.141/2025 arising out of Cuttack-I Excise P.S. P.R No.141/2025-26 pending before the Court of learned Sessions Judge-cum-Special Judge, Cuttack registered for the alleged commission of offences under Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 27-Apr-2026 19:03:06 Signature Not Verified p. 2 Section 21(b) of the NDPS Act, has filed this application for his release on bail. 4. The brief fact of the case is that on 20.12.2025, the Excise personnel of Cuttack District on getting credible information regarding transportation of heroin conducted patrolling duty near Nuapada area. During course of patrolling duty, the Excise personnel detained the Petitioner on suspicion. On search, they recovered 40 grams of Heroin from the conscious possession of the present Petitioner. Accordingly, he was taken into custody on completion of all the formalities meant for the said purpose. The Petitioner has been languishing in custody since 20.12.2025. 5. Learned counsel for the Petitioner submits that nothing has been seized from the conscious possession of the present Petitioner. The Heroin alleged to have been seized from the conscious possession of the present Petitioner does not belong to him. He is an innocent person and has been falsely implicated in this case. He, accordingly, prays for permitting the Petitioner to be released on bail. 6. Learned counsel for the State vehemently opposes the prayer for bail of the present Petitioner. He further contends that such type of offences is not tolerable in a Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 27-Apr-2026 19:03:06 Signature Not Verified p. 3 law abiding society. He, accordingly, prays for dismissal of this BLAPL. 7. Considering the submissions made on behalf of both the parties, this Court finds that this petition centers on a plea for bail in a case involving the alleged possession and transportation of Heroin. Under the NDPS Act, offences of this nature invoke a stricter threshold for bail. The Court is required to form a reasoned belief not only that the accused may be innocent but also that the likelihood of reoffending while on bail is minimal. 8. The Petitioner’s involvement, whether direct or peripheral, warrants full scrutiny at trial. Granting bail at this stage would risk a premature assessment of facts, which this Court is not inclined to undertake. 9. Considering the nature and gravity of the accusation, character of evidence appearing against the Petitioner and the stringent punishment prescribed, this Court is of the view that there are no reasonable grounds to believe that the Petitioner has no role in the offence alleged or not likely to commit any such offence. The prayer for bail being devoid of any merit stands rejected. 10. Accordingly, the BLAPL is dismissed. (Dr. Sanjeeb K Panigrahi) Judge Ayaskanta Designation: Personal Assistant