IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 2405 of 2026 Jitu @ Abinash Kumar ..…... Petitioner(s) Mr. Dibya Jyoti Sahoo, Adv. -versus- State of Odisha .….... Opposite Party Mr. Raj Bhusan Dash, ASC CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 27.04.2025 Order No. 01 F.I.R. No. Dated Police Station Case No. and Courts’ Name Sections 52 30.01.2026 Jharsugud a C.T. (Special) Case No.02 of 2026 pending in the court of learned Sessions Judge-cum- Special Judge, Jharsuguda Sections 21(b)/29 NDPS Act. 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the Parties. Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 30-Apr-2026 12:33:00 Signature Not Verified 2 3. The Petitioner being in custody in Jharsuguda P.S. Case No. 52 of 2026 corresponding to C.T. (Special) Case No.02 of 2026 pending in the court of learned Sessions Judge-cum-Special Judge, Jharsuguda, registered for the alleged commission of offences under Sections 21(b)/29 of NDPS Act, has filed this petition for his release on bail. 4. The case of the prosecution is that one Swadheen Kumar Sethi, S.I. of Jharsuguda P.S., had lodged a written report before the IIC, Jharsuguda P.S., that on 30.01.2026 at about 7.10 A.M. after getting reliable information, the SI of Police, Jharsuguda P.S. along with his staffs conducted raid and recovered 6.36 grams of brown sugar/heroin from the exclusive and conscious possession of the accused persons named Manjay @ Anurag Singh, Ananta Kumar Panda and Mantu Das at Bijunagar, Jharsuguda, while they were gathered for illegal selling purpose. During the investigation, the aforesaid accused persons confessed that they were procuring the said brown sugar/heroin from the present Petitioner. Hence, this case. 5. Learned counsel for the Petitioner submits that there is absolutely no material available on record remotely suggesting that the alleged contraband brown sugar has been seized from the exclusive and conscious possession of the Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 30-Apr-2026 12:33:00 Signature Not Verified 3 Petitioner. He further submits that the Petitioner is in custody since 31.01.2026. Hence, he submits that, the prayer of the present Petitioner may be allowed. 6. Learned counsel for the State submits that there are sufficient materials on record suggesting involvement of the Petitioner in the alleged crime. Hence, he vehemently opposes the prayer for bail. 7. Considering the nature and gravity of the accusation, character of evidence appearing against the Petitioners and the stringent punishment provided and also the statutory bar to grant bail under Section 37(1) of the NDPS Act in an offence of this nature without recording the satisfaction that there are reasonable grounds for believing that the petitioners are not guilty of the offence alleged or not likely to commit any such offence, which is not possible to record in this case, the Petitioners’ prayer for bail is devoid of merit. Hence, their prayer for bail stands rejected. 8. Accordingly, the BLAPL is dismissed. ( Dr. Sanjeeb K Panigrahi) Judge Murmu Designation: P.A.