Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.2690 of 2026
Arun Kumar Sahu @ Arun Sahu …. Petitioner(s)
Mr. Debi Prasad Dhal, Senior Advocate -versus- State of Odisha …. Opposite Party(s)
Mr. Jateswar Naik, AGA
CORAM: JUSTICE SIBO SANKAR MISHRA
Order No.
ORDER 22.04.2026
01.
1. Heard.
2. The petitioner is seeking pre-arrest bail in connection with Daringbadi Excise Station P.R. Case No.54/2025-26 corresponding to 2(a)C.C. No.27/2025 registered on the allegation of commission of offence under Section 21(b)(ii)(B) of the NDPS Act pending in the Court of the learned Special Judge-cum-Additional District & Sessions Judge, Baliguda.
3.
Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R. p. 2
4. The prosecution case, in brief, is that on 29.06.2025 at about 9:00 A.M., the Excise authorities of Daringbadi Excise Station seized 16 kilograms of ganja from the conscious possession of the principal accused, namely Shrabana Sahu, near Badabauga Chowk, while he was transporting the same on a Bajaj Pulsar motorcycle bearing Registration No. OD-12-E-
4689. It is further alleged that the present petitioner, being the owner of the said motorcycle, has also been charge-sheeted in the case.
5. Mr. Dhal, learned Senior Counsel for the petitioner, submits that the Bajaj Pulsar motorcycle bearing Registration No. OD-12-E-4689, driven by Shrabana Sahu, was intercepted and 16 kilograms of ganja was recovered from his possession. On the basis of his disclosure, it was revealed that the present petitioner is the owner of the said motorcycle. He further submits that the petitioner is not involved in any other case of similar nature and no exclusive or conscious possession of contraband ganja was found from him. It is also submitted that the ganja seized is p. 3 less than the commercial quantity. In support of his
submissions, he also relied upon the judgment of the Hon’ble Supreme Court in Arnesh Kumar vrs. State of Bihar and another reported in (2014) 8 SCC 273 as well as Pramod Kumar Ray vrs. State of Orissa reported in (2017) 67 OCR 309.
6. Regard being had to the nature of accusation, the quantity of contraband seized, I am inclined to admit the petitioner on anticipatory bail. Accordingly, it is directed that in the event the petitioner is arrested, he shall be released by the Arresting Officer subject to the verification of the criminal antecedent of similar nature. The release of the petitioner shall also be subject to the conditions that he shall cooperate with the investigation and shall appear before the I.O. as and when his presence is required for the purpose of investigation. Violation of any of the conditions shall entail cancellation of bail.
7. With this observation, the ABLAPL is disposed of.
(S.S. Mishra)
Judge Swarna