The High Court
Case Details
Order No. 01. IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 13040 of 2025 Kusha Kanhar …. Petitioners Mr. Sk. Zafarulla, Advocate State of Odisha -versus- …. Opp. Party
Legal Reasoning
Mr. R.B. Dash, ASC CORAM: JUSTICE SIBO SANKAR MISHRA
Decision
ORDER 18.12.2025 1. The petitioner is an accused in connection with Manamunda P.S. Case No.189 of 2025 corresponding to Special NDPS Case No. 134 of 2025 registered on the allegation of the alleged commission of offence punishable under Section 20(b)(ii)(c) of the N.D.P.S. Act, pending in the Court of the learned Addl. Sessions Judge-cum-Special Judge, Kantamal. The petitioner had approached the learned Addl. Sessions Judge-cum-Special Judge, Kantamal in Special Case (NDPS) No. 134 of 2025 praying for grant of bail. The learned Court below vide its order dated 18.11.2025 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, Page 1 of 4 no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R. 3. The prosecution case, as per the FIR, is that on 09.06.2025, the informant received a reliable information regarding stock of contraband ganja in the forest area in the village Murdipada under Manamunda PS. Getting such information, the informant after intimating the same to his higher authority, went to the spot with independent witnesses. On reaching the spot, they found huge quantity of contraband ganja was stocked near the spot and on seeing the police party, two persons managed to escape from the spot. However, they could be identified by the witnesses regarding the identity of the persons, who are the petitioners. On search from the spot, the informant found two motorcycles, one was a Hero Honda Splendor bearing Registration No.OD-23-M-0424 and the other was a Hero Deluxe Motor cycle bearing Registration No. OD-02-C-5273 and found both the motorcycles loaded with one jerry bag each. After performing search and seizure, the informant found eight numbers of bags each containing 40 kg. and 230 grams, which is totally counts to three quintals and 20 kg. (net weight) of contraband ganja. Thereafter the informant lodged the FIR after completing formalities of search and seizure. 4. There are two accused persons, those who have been arrested by the police. One Manoj Deep come up before this Court by filing CRLMC No. 5078 of 2025 and this Court vide order dated 04.12.2025 disposed of the said petition with following orders:- “ xxx 5. Considering such submission, this CRLMC stands disposed of as withdrawn with the liberty as xxx xxx Page 2 of 4 sought for. 6. Further, taking into consideration the submission made by the learned counsel for the petitioner that nothing has been recovered from the exclusive and conscious possession of the present petitioner, as it evident from the seizure list under Annexure-2; and that the petitioner is ready and willing to cooperate with the trial, without expressing any opinion on the merits of the matter, it is directed that if the petitioner surrender before the court in seisin over the matter within four weeks from today and move an application for bail, the court in seisin over the matter shall consider and dispose of the bail application of the petitioner in accordanc with law on the same day. While considering the bail application of the petitioner, the court in seisin over the matter shall take into consideration the fact that since nothing has been recovered from the exclusive and conscious possession of the present petitioner, the bar under Section 37 of the NDPS Act would not be attracted to the facts of the present case and pass necessary order. The Case Dairy be made available to the concerned court to facilitate disposal of the bail application of the petitioner.” 5. Pursuant to the aforementioned order of this Court, the co-accused-Manoj Deep surrendered before the learned trial court and the learned trial court vide order dated 12.12.2025 enlarged the accused on bail solely on the ground that there is no exclusive and conscious possession of ganja found from the said accused. 6. Learned counsel for the petitioner submits that the case of the present petitioner is similar to that of Manoj Deep and the petitioner is in custody since 17.11.2025. Learned counsel for the petitioner, on instruction, specifically submitted that the petitioner is not involved in any other criminal case. 7. Learned counsel for the State has not disputed this fact. 8. Regard being had to the custody of the petitioner since 17.11.2025 and the co-accused Manoj Deep has already been granted bail by the learned trial court and since the petitioner Page 3 of 4 was not found having exclusive and conscious possession of the seized ganja, I am inclined to enlarge the petitioner on bail. 9. Hence, it is directed that the petitioner 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) The petitioner shall appear before the I.I.C. of the concerned Police Station on every last Sunday of the month between 10.00 A.M. and 12.00 Noon for at least 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; (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 similar type of antecedents. 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. 10. The BLAPL is accordingly disposed of. (S.S. Mishra) Signature Not Verified Ashok Judge Digitally Signed Signed by: ASHOK KUMAR JAGADEB MOHAPATRA Designation: Secretary Reason: Authentication Location: High Court of Orissa Date: 18-Dec-2025 19:48:45 Page 4 of 4