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2026 DAILYLAW 7475 (ORI)

P. RAKESH PATRA v. STATE OF ODISHA

ABLAPL/3006/2026 · 2026-04-23

Sibo Sankar Mishra

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.3006 of 2026 P. Rakesh Patra …. Petitioner(s) Mr. Rajib Lochan Pattnaik, Advocate -versus- State of Odisha …. Opposite Party(s) Ms. Sobhan Panigrahi, ASC CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 23.04.2026 01. 1. Heard. 2. The petitioner is seeking pre-arrest bail in connection with Kalimela P.S. Case No.0021 of 2026 corresponding to G.R. Case No.54 of 2026 registered on the allegation of the commission of offences under Sections 223/274/275 of I.P.C. read with Section 58/59/63 of the Food Safety and Standards Act, 2006 pending in the Court of the learned J.M.F.C., Motu at M.V. 79, Malkangiri. 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. 4. The prosecution case, in brief, is that the Sub- Inspector of Police, Kalimela, reported the matter alleging that he had received reliable information regarding the illegal possession and sale of banned tobacco and gutkha within the jurisdiction of Kalimela. Acting on such information, the police party proceeded to a godown situated at Pushuguda MV-75 roadside, Kalimela, which is stated to be belonging to the present petitioner. It is alleged that the petitioner was informed through a labourer, namely Balaram, working at the said premises; however, he stated that the petitioner was out of town and unable to attend. During search and seizure, the police found a large quantity of contraband articles, namely gutkha and other tobacco products, stored in the said godown, and a strong smell of tobacco was emanating from the premises. The police seized 84 blue-coloured polythene sacks containing Banadurga Khaini packets, 30 grey- coloured polythene sacks containing Rajnibas gutkha packets, 8 white-coloured polythene sacks containing PM Jarda gutkha packets, 12 brown polythene sacks containing Vimal gutkha packets, 7 pink-coloured polythene sacks containing Raj Niwas packets, 3 white small polythene sacks containing Jarda Pati packets, 9 white-coloured polythene sacks containing Jarda Pati packets and 2 white-coloured polythene sacks containing Rs-909 Jarda gutkha packets. Hence, this case. 5. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. 6. Regard being had to the nature of allegation and the fact that the petitioner has no criminal antecedent, I am inclined to grant the petitioner 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 they shall cooperate with the investigation and shall appear before the I.O. as and when his presence is required for the purpose of investigation; he shall not indulge in similar criminal offences while on bail. 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