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2026 DAILYLAW 8311 (ORI)

SANJUKTA MAHAKUL v. STATE OF ODISHA

BLAPL/2999/2026 · 2026-05-02

Aditya Kumar Mohapatra

body2026

Judgment text

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Page 1 of 4. IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2999 of 2026 Sanjukta Mahakul ..... Petitioner Represented By Adv. – Mr. Preetam Mishra -versus- State of Odisha ..... Opposite Party Represented By Adv. – Mr. C.M. Singh, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 02.05.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State-Opposite Party. Perused the materials placed before this Court. 3. The present bail application under Section 483 of BNSS, 2023 has been filed by the Petitioner for regular bail in connection with 2(a) CC Case No.11 of 2026 (NDPS), arising out of PR No.262/2025-26 of SI of Excise, District Mobile Squad, Boudh, pending in the court of learned Sessions Judge-cum-Special Judge, Boudh, for alleged commission of offence punishable under Section Page 2 of 4. 20(b)(ii)(B) of N.D.P.S. Act. 4. It is submitted by the learned counsel for the Petitioner that the Petitioner is in jail custody since 12.03.2026. He further submitted that in the meantime investigation has progressed substantially. He further submitted that as per prosecution report, a total quantity of 15 Kgs of contraband Ganja was recovered from the possession of the Petitioner. He further contended that since the seized contraband Ganja is less than the commercial quantity, the bar under Section 37 of the N.D.P.S. Act would not be attracted to the case of the present Petitioner. He further contended that since the Petitioner belongs to the locality, there is no chance of his absconding. It is also contended that the Petitioner does not have any similar criminal antecedent. On such ground, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and conditions that would be imposed by this Court which the Petitioner shall abide by while on bail. 5. Learned Additional Standing Counsel appearing for the State-Opposite Party, on the other hand, opposed the release of the Petitioner on bail on the ground that allegation made against the Petitioner is serious in nature. He further contended that the investigation is still on. He further contended that in the event the Petitioner is released on bail, there is every possibility that she might abscond from justice which would eventually cause delay in Page 3 of 4. conclusion of the investigation as well as delay in filing of the charge sheet. He further submitted that the cases of illegal transportation of contraband Ganja are on rise in State of Odisha now-a-days. Therefore, no leniency should be shown to the accused persons who are involved in such type of offence. In such view of the matter, it is submitted that the prayer for bail of the Petitioner be rejected at this juncture. 6. Considering the submissions made by the learned counsels appearing for the respective parties and upon a conspectus of the surrounding facts and circumstances involved in the present bail application and further taking into consideration the quantity of contraband Ganja, the bar under Section 37 of the N.D.P.S. Act would not be attracted to the case of the Petitioner, this Court is inclined to release the Petitioner on bail. 7. Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.40,000/-(Rupees forty thousand) with two local solvent sureties each for the like amount to the satisfaction of the court in seisin over the matter. The release of the Petitioner shall also be subject to such other terms and conditions as would be fixed by the court in seisin over the matter. 8. It is further directed that the bail granted to the Petitioner is subject to the condition that the court below shall verify whether the Petitioner is having any criminal Page 4 of 4. antecedent of similar nature. In the event it is found that the Petitioner is having any criminal antecedent of similar nature, then this bail order shall automatically stand revoked. 9. The BLAPL is, accordingly, disposed of. Issue urgent certified copy of this order as per Rules. ( Aditya Kumar Mohapatra) Judge Debasis