The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.9846 of 2025 Pitambar Khara …. Petitioner(s) Mr. Jugala Kishore Panda, Advocate -versus- State of Odisha …. Opposite Party(s) Mr. Sarathi Jyoti Mohanty, ASC CORAM: JUSTICE SIBO SANKAR MISHRA Order No. 03. 1. 2.
Decision
ORDER 23.12.2025 Heard. The petitioner is an accused in connection with Special G.R. Case No.68 of 2024 arising out of Chitrakonda P.S. Case No.68 of 2024 registered on the allegation of the commission of the offence under Section 20(b)(ii)(C)/25/27-A/29 of the N.D.P.S. Act pending in the Court of the learned Sessions Judge-cum-Special Judge, Malkangiri. 3. The petitioner had approached the learned Court below praying for grant of bail. The learned Court below vide its order dated 08.09.2025 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 483 of B.N.S.S., 2023 praying for enlargement on bail. Page 1 of 7 4. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except for the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R. 5. The prosecution case, in brief, is that on 11.03.2024 at about 11:15 P.M., the informant, who was then serving as the Sub- Inspector of Police, Chitrakonda Police Station, along with other police personnel, proceeded towards Chitrakonda Market and its adjoining areas to conduct night patrolling duty. While on patrol, at about 3:30 A.M., the informant received credible information from a reliable source that a white Bolero pick-up vehicle, escorted by a motorcycle, was approaching from the Janbai side and was likely to proceed towards Sileru (Andhra Pradesh) via ESSAR Chhak, carrying a huge quantity of contraband ganja concealed in plastic jerry bags loaded in the vehicle. Acting upon the said information, the informant and his staff immediately proceeded to the spot and reached there at about 3:45 A.M. At around 4:00 A.M., they noticed one Bolero pick-up vehicle along with a red-coloured Hero Glamour motorcycle coming from the Janbai side at a high speed. When the police party attempted to stop the vehicles, the drivers of both vehicles managed to flee from the spot. On verification and Page 2 of 7 search of the abandoned Bolero pick-up vehicle, the police recovered contraband ganja weighing approximately 783 kilograms, packed in plastic jerry bags. Accordingly, the present case was registered. 6. Learned counsel for the State submits that 783 kgs of contraband ganja were seized from the possession of the petitioner, which is more than the commercial quantity and barred under Section 37 of the N.D.P.S. Act also operates against the petitioner. 7. Learned counsel for the petitioner submits that the prosecution case is vitiated due to non-compliance with the mandatory provisions of Sections 42, 50 and 57 of the NDPS Act, thereby rendering the entire search and seizure illegal. It was contended that even if the allegations in the charge-sheet are accepted at their face value, no prima facie case is made out against the petitioner, as he was not present at the spot and no contraband was recovered from his conscious and exclusive possession, hence the rigor of Section 37 of the NDPS Act is not attracted. He further submitted that earlier, the petitioner had approached this Court by filing ABLAPL No.13781 of 2024. The coordinate Bench of this Court vide order dated 06.12.2024 disposed of the petition, directing the petitioner to surrender before the learned trial Court Page 3 of 7 within four weeks. Pursuant to the direction of this Court, the petitioner voluntarily surrendered before the learned trial Court on 24.01.2025 and is presently in judicial custody. 8. The incident alleged to have occurred on 12.03.2024. The contraband ganja admittedly recovered from an abandoned vehicle. The investigation took place and the charge-sheet indicates that the I.O. made local and confidential enquiry in the village-Bidarpakana, Papermetla and village-Mondapali and ascertained from the local persons that the accused Chitibabu Sirama, the owner of the offending vehicle, purchased ganja from the cultivator of hilly and forest area of Chitrakonda village in a low price and with the help of driver, Pitambar Khara (the present petitioner) being escorted by Sitaram Khara transported the ganja to Andhra Pradesh. The charge-sheet also indicates that Sitaram Khara has expired. As stated above, the petitioner had approached this Court by filing an anticipatory bail application being ABLAPL No.13781 of 2024. The coordinate Bench of this Court vide order dated 06.12.2024 directed the petitioner to surrender before the learned trial Court and opt for regular bail. The Bench also observed that the bar under Section 37 of NDPS Act would not be attracted in the facts of the present case. The Court observed that if regular bail application is Page 4 of 7 moved by the petitioner, the same shall be considered in the light of the judgment of Tofan Singh vs. State of Tamil Nadu reported in (2021) 4 SCC 1. Pursuant to the said order, the petitioner surrendered before the learned trial Court on 24.01.2025. The charge-sheet has been filed in the present case on 03.02.2025. However, the trial Court rejected the bail application by the impugned order dated 08.09.2025 primarily because of the quantity of contraband seized. Relying upon the observation made by the coordinate Bench while deciding the anticipatory bail application, learned counsel for the petitioner submits that the petitioner is obviously not involved in any other criminal case. 9. Vide order dated 18.12.2025, this Court directed learned counsel for the petitioner to file an affidavit disclosing the criminal antecedents, if any, against the petitioner. Pursuant thereto, learned counsel for the petitioner filed a comprehensive affidavit dated 22.12.2025, wherein the wife of the petitioner stated that the petitioner has no criminal antecedent except this case. The affidavit is taken on record. 10. Be that as it may, since admittedly the recovery of contraband ganja is not from the exclusive and conscious possession of the petitioner and the petitioner has voluntarily Page 5 of 7 surrendered before the Court, I am inclined to admit the petitioner bail. Hence, the petitioner is directed to be released on bail by the 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) The petitioner shall appear before the trial Court on each date on which the case is posted for trial. (ii) He shall not leave the jurisdiction of the trial Court till disposal of the trial. (iii) He shall not tamper with the evidence in any manner whatsoever. (iv) He shall not commit any offence while on bail, and (v) He shall be released on bail subject to verification of similar nature of offence which has not been disclosed in the petition. Violation of any of the conditions shall entail consideration for cancellation of the bail granted to the petitioner. In the event, any of the bail conditions are violated by the petitioner, the prosecution is given liberty to move appropriate application before the Court below for recalling the concession of bail. If such Page 6 of 7 application is moved, the trial Court should decide the application on its own merit. 11. The BLAPL is accordingly disposed of. (S.S. Mishra) Judge Swarna Signature Not Verified Digitally Signed Signed by: SWARNAPRAVA DASH Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 09-Jan-2026 10:41:00 Page 7 of 7