The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.9869 of 2025 Aloka Mondal …. Petitioner(s) Mr. Bijay Kumar Ragada, Advocate -versus- State of Odisha …. Opposite Party(s)
Legal Reasoning
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 G.R.P.S. Sambalpur P.S. Case No.11 of 2025 corresponding to T.R. Case No.8/24 of 2025 registered on the allegation of the commission of the offence under Section 20(b)(ii)(C) of the N.D.P.S. Act pending in the Court of the learned Additional Sessions Judge-cum-Judge (Special Court), Sambalpur. 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 6 4. 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 pending in any other Court relating to the aforesaid F.I.R. 5. The prosecution case, in short, is that on 28.01.2025 at about 7.55 hours, the informant, who was then serving as A.S.I., R.P.F. Post, Sambalpur, received information from P.K. Nanda, Head Constable No. 9364 of R.P.F. Post, Balangir, who was performing train escort duty in Alleppey–Dhanbad Train No. 13352 along with other R.P.F. personnel. During such duty, they noticed a woman, aged about 52 years, travelling with heavy luggage in her possession in Coach No. B-3, Seat No. 34 and suspected that she was carrying contraband ganja. Upon receipt of the said information, the informant reduced the same into writing and communicated it to his higher authority. Acting on the directions received, the informant, along with R.P.F. staff, proceeded to the spot at Platform No. 01, where the said woman was offloaded from the train along with her luggage by the R.P.F. personnel. At the spot, the informant noticed the presence of the woman along with one blue-coloured trolley bag, one black-coloured bag, and one red- coloured pithu bag, all suspected to contain contraband ganja. On Page 2 of 6 being questioned, the woman disclosed her name as Aloka Mandal. After observing all statutory and legal formalities, the informant conducted a search of the bags and allegedly recovered eleven packets in total, namely, two packets from the blue-coloured trolley bag, two packets from the red-coloured trolley bag, two packets from a dark blue-coloured trolley bag, two packets from a grey- coloured vanity bag, and one packet from a pink-coloured vanity bag, all of which were found wrapped with khaki-coloured adhesive tape. The informant opened the packets and, on the basis of their smell, texture, and his official experience, formed the opinion that the contents of the packets were ganja. Hence, this case. 6. Vide order dated 18.12.2025, learned counsel for the petitioner was directed to file an affidavit disclosing permanent address, phone number and the local surety of the petitioner. Pursuant to the said order, today learned counsel for the petitioner has filed an affidavit, which is taken on record. He further submits that 52 Kgs. 200 grams of contraband ganja was allegedly seized from the conscious possession of the petitioner. The petitioner is in custody since 28.01.2025. 7. Learned counsel for the State submits that 52 Kgs. 200 grams of contraband ganja was seized from the possession of the Page 3 of 6 petitioner, which is more than the commercial quantity, therefore, barred under Section 37 of the N.D.P.S. Act. He further submits that the petitioner is the resident of West Bengal. She may not be present in the Court during the trial. Therefore, he submits that a stringent condition should be imposed on her while granting bail. 8. Regard being had to the period of custody from 28.01.2025, the nature of accusation, the quantity of contraband seized and the fact that the petitioner is a lady and the trial has not yet been commenced, I am inclined to admit the petitioner on 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 report before the concerned Police Station being physically present once a month on last Sunday of every month for two months. (ii) She shall not leave the jurisdiction of the trial Court till disposal of the trial. (iii) She shall appear before the trial Court on each date on which the case is posted for trial. Page 4 of 6 (iv) She shall not tamper with the evidence in any manner whatsoever. (v) She shall be released on bail subject to verification of similar type of antecedents, if any, and (vi) She will submit her original Aadhaar Card for verification. To allay the legitimate apprehension of the learned Public Prosecutor regarding ensuring the presence of the petitioner during trial since he belongs to a different State, additionally, it is directed that one of the family members of the petitioner shall execute P.R. Bond in addition to the sureties in terms of the order of the learned Court in seisin. Learned Court below shall also obtain report on the criminal antecedent of the petitioner from Krishnaganj Police Station, District-Nadia, State-West Bengal. If it comes to the fore that the petitioner has any criminal antecedent, the Court below shall take into consideration the same while imposing condition. 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 application is moved, the trial Court should decide the application on its own merit. Page 5 of 6 9. 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: 24-Dec-2025 15:05:10 Page 6 of 6