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2064 DAILYLAW 1 (ORI)

BARUNA NAYAK v. STATE OF ODISHA

BLAPL/2064/2026 · 2026-04-22

V Narasingh

body2064

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 2064 of 2026 Baruna Nayak …. Petitioner Mr. A.R. Panda, Advocate -versus- State of Odisha …. Opposite Party Mr. S. Panigrahi, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 22.04.2026 01. 1. Heard learned counsel for the Petitioner and learned counsel for the State. 2. The Petitioner is an accused in connection with 2(a)CC Case No.5 of 2026 (NDPS) pending on the file of learned Additional Sessions Judge-cum-Special Judge, Bhanjanagar, arising out of Bhanjanagar Excise P.R. Case No.117 of 2025-26 for commission of offence alleged under Sections 20(b)(ii)(B) of the NDPS Act. 3. Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court. 4. Being aggrieved by the rejection of his application for bail U/s.483 of the BNSS by the learned Additional Sessions Judge-cum-Special Judge, Bhanjanagar, Ganjam by order dated 20.02.2026 in the aforementioned case, the present BLAPL has been filed. 5. The allegation against the Petitioner is that he is involved in transportation of contraband (ganja) to the tune of 15.500 kgs. 6. It is submitted by the learned counsel for the Petitioner that since the quantity of contraband is less than the commercial quantity and as the rigors of Section 37(1)(b)(ii) of the NDPS Act is not attracted and the Petitioner is in custody since 11.02.2026 and in the meanwhile final PR has been submitted on 08.04.2026, he may be released on bail. 7. Learned counsel for the State opposes such prayer. 8. Considering the nature of accusation, as noted, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin. 9. Before releasing, learned Court in seisin is requested to verify the criminal antecedent of the Petitioner. If it comes to the fore that the Petitioner has criminal antecedent of any nature, this order shall not be given effect to. 10. Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin. 11. Accordingly, the BLAPL stands disposed of. 12. UCC as per rules. (V. NARASINGH) Judge Santoshi