Paban Agrawal @ Pawan v. State of Odisha
Case at a glance
Provisions considered
- Narcotic Drugs and Psychotropic Substances Act, 1985 ss. 21(a), 37(1)(b)(ii)
- Drugs and Cosmetics Act, 1940 s. 27(b)(ii)
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 483
Key paragraphs
- Para 1010. Accordingly, the BLAPL stands disposed of. U.C.C as per rules. (V. NARASINGH) Soumya Judge Signature Not Verified Digitally Signed Signed by: SOUMYA RANJAN SAMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 02-May-2026 19:52:00
Judgment
ORDER 01.05.2026 Order No.
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in connection with S.A. Case No.05 of 2019, pending in the Court of learned District & Sessions Judge, Nuapada, arising out of Komna P.S. Case No.09 of 2019, commission of alleged offences U/s. 21(a) of the NDPS Act 1985 read with Section 27(b)(ii) of the Drugs and Cosmetics Act, 1940.
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.
Being aggrieved by the rejection of his application for bail U/s. 483 of the BNSS by the learned Special Judge, Nuapada by order dated
19.03.2019, the present BLAPL has been filed.
It is submitted by the learned counsel that the allegations is that Petitioner along with the co- accused are involved transportation of contraband Codeine Phosphate contained in the seized 30 bottles of Eskuf cough syrup. Since the codeine Phosphate is about 6 grams and as such does not come under the commercial quantity, the bar contained in Section 37(1)(b)(ii) of NDPS Act is not attracted.
It is further submitted by the learned counsel that one of the co-accused has since been released on bail by order dated 19.03.2019 by this Court in BLAPL No.1413 of 2019. Hence, on the ground of parity, he seeks release.
Learned counsel for the State opposes the prayer for bail, inter alia, that the Petitioner is cited as an accused in Komna P.S. Case No.54 of 2025, under Section 21(a) of NDPS Act/27(b)(ii) Drugs and cosmetic Act.
Considering the nature of allegations and rival contentions as noted above, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
Additionally, it is directed that 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.
Accordingly, the BLAPL stands disposed of. U.C.C as per rules. (V. NARASINGH) Soumya Judge Signature Not Verified Digitally Signed Signed by: SOUMYA RANJAN SAMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 02-May-2026 19:52:00
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.