Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.1822 of 2026
Dillip Mangaraj
…. Petitioner
Mr. Amlan Shakti Paul, Advocate -versus- State of Odisha
…. Opp. Party
Ms. Suvalaxmi Devi, ASC
CORAM: JUSTICE SIBO SANKAR MISHRA
Order No.
ORDER 07.05.2026
02.
1. The petitioner is an accused in connection with P.R. No.207 of 2025-2026 of S.I. of Excise District Mobile, Khordha corresponding to T.R. Case No.91 of 2025 registered for the alleged commission of the offences punishable under Sections 21(b) of the N.D.P.S. Act, pending in the Court of the learned 2nd Additional Sessions Judge, Khurda. The petitioner had approached the learned 2nd Additional Sessions Judge, Khurda in T.R. Case No.91 of 2025 praying for grant of bail. The learned Court below vide its order dated 11.02.2026 rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 483 of BNSS, 2023 praying for enlargement on bail.
2. 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 p. 2 pending in any other Court relating to the aforesaid F.I.R.
3. The prosecution case is that on 02.09.2025 at about 6.00 A.M., the informant got information from reliable source that the petitioner was standing in front of Rambhabil Bus Stop and having brown sugar with him in a polythene pouch. On getting such information, the informant along with his police staff, immediately proceeded to the spot and detained the petitioner. On search, 37 grams of brown sugar was recovered from the possession of the petitioner. Hence, the case.
4. Vide order dated 21.04.2026 of this Court, the petitioner was directed to file comprehensive affidavit disclosing the criminal antecedents. Pursuant to the said
order, comprehensive affidavit has been filed disclosing that the petitioner is involved in similar kind of case being T.R. Case No.91 of 2025 arising out of Khurda Excise P.R. Case No.207 of 2025 for the offence under Section 21(b) of the N.D.P.S. Act. In the said case, 11 grams of brown sugar was recovered and the petitioner has been admitted to regular bail. In the present case, 37 grams of brown sugar has been recovered from the petitioner. Although it is below the commercial quantity, it is the second case against the petitioner. 5. Regard being had to the nature of allegation against the petitioner, the period of custody of the petitioner since 02.09.2025 and the quantity of contraband seized from the petitioner and since there is no bar under Section 37 of the N.D.P.S. Act, I am inclined to enlarge the petitioner on bail. Page 3 of 3
Subhasis
6. Hence, the petitioner is directed to be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following additional conditions: (i) He shall appear before the IIC of the concerned Police Station from 10.00 A.M. to 12.00 P.M. on every 2nd Sunday at least for three months. (ii) He shall not leave the jurisdiction of the trial Court till the disposal of the trial;
(iii) He shall appear before the trial Court on each date on which the case is posted for trial without fail;
(iv) He shall not tamper with the evidence in any manner whatsoever;
(v) He shall not commit any offence while on bail, and
(vi) He shall be released on bail subject to verification of any other criminal antecedents, which is not disclosed in this petition. In the event the petitioner is found wanting for violation of any of the bail conditions imposed by this Court or the trial Court even on a single occasion, the prosecution is at liberty to move appropriate application before the Court below for cancellation of the concession of bail granted by this Court. If such application is filed, the trial Court should decide the application on its own merit. 7. The BLAPL is accordingly disposed of. (S.S. Mishra) Judge
Designation: Personal Assistant Location: High Court of Orissa, Cuttack.