Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.2577 of 2026
Sachin Nayak …. Petitioner
Mr. J. K. Panda, Advocate
-versus-
State of Odisha …. Opposite Party Mr. P. K. Ray, AGA
CORAM: JUSTICE V. NARASINGH
Order No.
ORDER 27.04.2026
01.
1. Heard learned counsel for the Petitioner and
learned counsel for the State.
2. The Petitioner is an accused in connection with G.R. Case No.46 of 2025 (N) pending on the file of learned Sessions Judge-cum-Special Judge, Ganjam, Berhampur arising out of Berhampur GRPS Case No.116 of 2025 for commission of offence alleged under Section 20(b)(ii)(C) of the NDPS Act.
3.
Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.
4. Being aggrieved by the rejection of his application for bail U/s.483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) by the learned Special p. 2 Judge-cum- Sessions Judge, Ganjam, Berhampur by
order dated 20.06.2026 in the aforementioned cases, the present BLAPL has been filed.
5. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 22.08.2025 on the allegation that he along with one co-accused, namely, Faleelul Rahman KP was found to be involved in transportation of contraband (ganja) to the tune of 21.035 Kgs.
6. It is stated that the said co-accused, namely, Faleelul Rahman KP has been released on bail by this Court vide order dated 26.02.2026 in BLAPL No.372 of 2026. Hence, on the ground of parity, the Petitioner seeks release on bail.
7. It is further submitted by the learned counsel for the Petitioner that the seizure list, as well as the independent seizures, have been made from both the accused persons, and the seizure found from the present Petitioner is to the tune of 10.550 Kgs. Hence, it is submitted that so far as the conscious position is concerned, it cannot be said that the Petitioner is liable for the entire quantity which goes beyond the commercial quantity. Hence, he may be released on bail.
8.
Learned counsel for the State opposes the prayer for bail and submits that such segregation at this stage is not permissible. p. 3
9. Considering the submissions, the seizure list and the release of the co-accused, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin so as to ensure his presence during the trial subject to verification of criminal antecedent of similar nature.
If it comes to the fore that the Petitioner has any such criminal antecedent, this order shall not be given effect to.
10. Accordingly, the BLAPL stands disposed of.
11. Urgent certified copy of this order be granted as per rules.
(V. NARASINGH)
Judge Jina