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2026 DAILYLAW 9128 (ORI)

BASANTA BEHERA v. STATE OF ODISHA

BLAPL/3653/2026 · 2026-05-06

Gourishankar Satapathy

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.3653 of 2026 Basanta Behera … Petitioner Mr. S.K. Bhanjadeo, Advocate -versus- State of Odisha … Opposite Party Mr. P. Satpathy, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL)06.05.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is an application U/S.483 of BNSS Act by the petitioner for grant of bail in connection with OIC of Excise Station, Tangi PR Case No.261 of 2025-26 corresponding to TR Case No.59 of 2026 pending in the Court of learned 1st Addl. Sessions Judge-cum- Special Judge under NDPS Act, Khordha for commission of offences punishable U/S. 20 (b) (ii) (B) of the NDPS Act, on the allegation of possessing 5Kgs and 200Grams of Contraband Ganja. 3. Heard, Mr. Sanjib Kumar Bhanjadeo, learned counsel for the petitioner and Mr. P. Satpathy, learned Additional Public Prosecutor in the matter and perused the record. 4. After having considered the rival submissions and on going through the material placed on record and regard being had to the pre-trial detention of the Petitioners in custody since 25.03.2026 with substantial progress in investigation and taking into account the other circumstances on record in entirety including the well-recognized principle “bail is the rule, but jail is the exception” and the quantity of contraband ganja seized in this case being for intermediate quantity, which does not attract the provision of Section 37 of NDPS Act, this Court without expressing any view on merit admit the Petitioners to bail. 5. Hence, the bail application of the petitioners stands allowed and the petitioners are allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it. 6. Accordingly, the BLAPL stands disposed of. 7. Issue urgent certified copy of the order as per Rules. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference. (G. Satapathy) Judge Jayakrushna