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2026 DAILYLAW 9475 (ORI)

HARIBOLA MALLICK @ HARIBOLA MALLIK v. STATE OF ODISHA

BLAPL/3696/2026 · 2026-05-06

Gourishankar Satapathy

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.3696 of 2026 Haribola Mallick @ Haribola Mallik … Petitioner Mr. A. Tripathy, Advocate -versus- State of Odisha … Opposite Party Mr. C. Mahanty, 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 a bail application U/S.483 of the BNSS by the petitioners for grant of bail in connection with Kantamal PS Case No. 76 of 2025 corresponding to Special Case (NDPS) No.74 of 2025 pending in the Court of learned Additional Sessions Judge-cum-Special Judge, Kantamal for commission of offences punishable U/Ss. 20(b)(ii)(C)/29 of the NDPS Act, on the main allegation of possessing 125Kgs of Contraband Ganja, along with co-accused persons. 3. Heard, Mr. Amitav Tripathy, learned counsel for the petitioner and Mr. C. Mahanty, learned Addl. Public Prosecutor in the matter and perused the record. 4. After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the accusations sought to be brought against him and regard being had to the recovery and seizure of 125Kgs of Contraband Ganja, which is well above the commercial quantity allegedly from the possession of the Petitioner and the Petitioner being nabbed while fleeing away from the spot and keeping in view the failure of the Petitioner to satisfy the conditions of Sec. 37 of NDPS Act, which is sine qua non for grant of bail to an accused for commission of offence under NDPS Act involving commercial quantity, this Court is not inclined to grant bail to the petitioner. Hence, the bail application of the petitioner stand rejected. Accordingly, the BLAPL stands disposed of. A soft copy of the order be immediately sent to the learned trial Court. (G. Satapathy) Judge Priyajit