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2026 DAILYLAW 6716 (ORI)

GOUTAM NAYAK v. STATE OF ODISHA

BLAPL/1641/2026 · 2026-04-23

S K Panigrahi

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1641 of 2026 Goutam Nayak …. Petitioner(s) Mr. Suryakanta Dwibedi, Adv. -versus- State of Orissa …. Opposite Party(s) Smt. Sarita Moharana, 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.296 of 2025- 2026 00.00.0000 District Mobile Unit, Kandhamal 2(a)CC Case No.6 of 2026 arising out of P.R. No.296 of 2025-2026 pending before the Court of learned Special Judge-cum- Additional District & Sessions Judge, Balliguda Sections 20(b)(ii)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.6 of 2026 arising out of P.R. No.296 of 2025-2026 pending before the Court of learned Special Judge-cum-Additional District & Sessions Judge, 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 Balliguda registered for the alleged commission of offences under Sections 20(b)(ii)B of the NDPS Act, has filed this application for his release on bail. 4. The brief fact of the case is that on 30.01.2026 the Police personnel during course of patrolling duty near Kaubani village area, on getting credible information regarding transportation of Ganja, detained the present Petitioner on suspicion. On search, they recovered twelve kilograms of contraband Ganja from the conscious possession of the present Petitioner. Accordingly, on completion of investigation and all the formalities, the Petitioner was taken into custody. The Petitioner has been languishing in custody since 30.01.2026. 5. Learned counsel for the Petitioner contends that the above noted seized contraband Ganja does not belong to the present Petitioner. He has been falsely implicated in this case. Moreover, the quantity of contraband Ganja alleged to have been seized from the conscious possession of the present Petitioner comes within the purview of below commercial quantity. 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. She further 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 submits that such type of offences is not tolerable in a law abiding society. She, accordingly, prays for dismissal of this BLAPL. 7. Considering the submissions made on behalf of both the parties, this Court without going into the merits of the case, directs the court in seisin over the matter to release the present Petitioner on bail in the aforesaid case on some stringent terms and conditions with further conditions that: i. the Petitioner shall appear before the concerned local Police Station on every alternate Sunday between 10.00A.M. to 12.00P.M. till conclusion of the trial; ii. the Petitioner shall appear before the learned Court in seisin over the matter on each date of posting of the case; iii. the Petitioner shall not indulge himself in any criminal activities in future; iv. the Petitioner shall not tamper the evidence of the prosecution witnesses in any manner; 8. Violation of any of the above conditions shall entail cancellation of the bail. 9. This BLAPL is, accordingly, disposed of. (Dr. Sanjeeb K Panigrahi) Judge Ayaskanta Designation: Personal Assistant