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2026 DAILYLAW 7167 (ORI)

SHIVAM NAYAK v. STATE OF ODISHA

BLAPL/2420/2026 · 2026-04-27

S K Panigrahi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 2420 of 2026 Shivam Nayak ..…... Petitioner(s) Mr. Gokulananda Sahu, Adv. -Versus- State of Odisha ………. Opposite Party(s) Mr. Raj Bhushan Das, ASC CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 27.04.2026 Order No. 01. FIR No. Dated Police Station Case No. and Courts’ Name Sections 269 18.08.2025 Khariar JCT Case No.20 of 2025 pending in the court of learned PMJJB, Nuapada Sections 20(b)(ii)C of NDPS Act 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the parties. 3. The Petitioner being in custody in Khariar P.S. Case No. 269 of 2025 corresponding to JCT Case No.20 of 2025 pending in Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 30-Apr-2026 12:33:00 Signature Not Verified p. 2 the court of learned PMJJB, Nuapada, registered for the alleged commission of offences under Sections 20(b)(ii)(C) of NDPS Act, has filed this petition for his release on bail. 4. The brief fact of the case is that on 18.08.2025, the Petitioner was found in possession of 20 kg 495 grams of ganja, when he was waiting for a bus at Sanadohel bus stop, and the S.I. of Police, Khariar P.S., apprehended him along with one Upendra Naik @ Kumar of village Mharajpur of the State of Uttar Pradesh. Hence, this case. 5. Learned counsel for the Petitioner submits that the Petitioner has no knowledge about the transportation of contraband ganja. He further contends that nothing has been seized from the conscious possession of the present Petitioner. The Petitioner is in custody since 18.08.2025. Hence, he submits that, the prayer of the present Petitioner may be allowed. 6. Learned counsel for the State vehemently opposes the prayer for bail stating that the quantity of ganja seized is clearly above the commercial quantity prescribed under the NDPS Act which bars granting of bail. 7. Without going into the merit of the case and based on the facts and circumstances of the case, it is directed that the Petitioner be released on bail in the aforesaid case with some Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 30-Apr-2026 12:33:00 Signature Not Verified p. 3 stringent terms and conditions as deemed just and proper by the learned court in seisin over the matter with further conditions that:- i. The Petitioner shall appear before the local Police Station on every alternate Sunday between 10.00 A.M. to 12.00 P.M. till conclusion of the trial.; ii. The Petitioner shall not indulge himself in any criminal offence while on bail. iii. The Petitioner shall not tamper the evidence of the prosecution evidence in any manner. 8. Violation of any of the above conditions shall entail cancellation of the bail. 9. The BLAPL is, accordingly, disposed of. ( Dr. Sanjeeb K Panigrahi) Judge Murmu Designation: P.A.