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2026 DAILYLAW 7463 (ORI)

HARA BADI v. STATE OF ODISHA

BLAPL/1659/2026 · 2026-04-23

S K Panigrahi

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1659 of 2026 Hara Badi ..…... Petitioner(s) Mr. Akshaya Kumar Sahoo, Adv. -versus- State of Odisha .….... Opposite Party Mrs. Sarita Moharana, ASC CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 23.04.2026 Order No. 01. F.I.R. No. Dated Police Station Case No. and Courts’ Name Sections 405 09.09.2025 Jharsuguda C.T.(Special) Case No.41 of 2025, pending before the learned Special Judge, Jharsuguda. 20(b)(ii)(C) of the 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 Jharsuguda P.S. Case No.405 of 2025, corresponding to C.T. (Special) Case No.41 of 2025, pending in the Court of learned Sessions Judge, Digitally Signed Signed by: SIPUN BEHERA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Apr-2026 12:29:50 Signature Not Verified Jharsuguda, registered for the alleged commission of offences under Section 20(b)(ii)(C) of the NDPS Act, has filed this petition for his release on bail. 4. The prosecution case, as per the FIR lodged by the informant, is that on 09.09.2025 at about 4:30 P.M., the present Petitioner, along with other co-accused persons, was allegedly found illegally transporting two trolley bags and two air bags containing a total quantity of 25 kg 765 grams of ganja for the purpose of sale. The said contraband was recovered and seized by the S.I. of Jharsuguda Police Station. Hence, the case was registered. 5. Learned counsel for the Petitioner submits that the Petitioner has been in judicial custody since 09.09.2025 and in the meantime, charge sheet has already been submitted. 6. Learned counsel for the Petitioner further contends that co- accused persons, named, Nilram Kalta and others, who stand on similar footing with the present Petitioner, have already been released on bail by this Court in BLAPL No.1241 of 2026 vide order dated 18.03.2026. Hence, on the ground of parity, the Petitioner is also entitled to be released on bail. 7. Learned counsel for the State vehemently opposes the prayer for bail and submits that materials collected during investigation prima facie reveal the involvement of the Petitioner in the alleged offence. It is further submitted that considering the commercial quantity of the contraband seized and the nature and gravity of the offence, the bar under Section 37 of the NDPS Act is attracted and the bail application is liable to be rejected. 8. Without delving into the intricacies of the case or the merits of the allegations and in light of the facts and circumstances at hand, this Court is of the view that the Petitioner should be granted bail by the learned Court in seisin over the matter in the aforesaid case. However, such release shall be conditioned upon stringent terms and conditions, as the learned Court deems fit and just. The conditions are as follows:- i. The Petitioner shall appear before the local Police Station on 1st Monday of every month between 10 A.M. to 1.00 P.M.; ii. The Petitioner shall not indulge himself in any criminal offence while on bail. iii. The Petitioner shall not tamper with the evidence or intimidate the prosecution witnesses in any manner. iv. The Petitioner shall appear before the learned trial Court when the case would be fixed for trial. 9. Any violation of the above conditions shall entail cancellation of bail. 10. The BLAPL is, accordingly, disposed of. 11. Issue urgent certified copy of this Order as per Rules. ( Dr. Sanjeeb K Panigrahi) Judge Sipun