Judgment · High Court

Mr. J.K. Panda, Advocate -versus- …. Opp. Party Ms. S. Devi, ASC CORAM: JUSTICE SIBO SANKAR MISHRA ORDER 05.01.2026

The petitioner is an accused in connection with 2(a)CC Case No. 76 of 2025(N) arising out of P.R. Case No. 66 of 2025-26 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 Sessions Judge-cum- Special Judge, Ganjam. The petitioner had approached the learned Sessions Judge-cum-Special Judge, Ganjam in 2(a)CC Case No. 76 of 2025(N) praying for grant of bail. The learned Court below vide its order dated 03.12.2025 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.

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.

The prosecution case is that on 21.11.2025 the informant and his staff saw a person on Digapahandi-Berhampur road near Digapahandi Agriculture Office moving by one red colour Hero Super Splendor motorcycle bearing Regd. No.OD-20 B- 5566 loaded with one jerry basta, wherein smell of ganja was coming out. After verification of the said basta, they found ganja and on weighment the jerry basta, contraband ganja of 24 kg. was found therein.

Learned counsel for the petitioner submits that total 24 kg of ganja has been allegedly recovered from the present petitioner. The petitioner has been in custody since 21.11.2025 and the petitioner has no criminal antecedent.

The wife of the petitioner has filed a comprehensive affidavit on 05.01.2026, inter alia, disclosing as under:-

7. That the petitioner/husband has one criminal antecedents excluding this case. I am wife of the petitioner is filing herewith this comprehensive affidavit on behalf of the petitioner in mentioning the particulars:- i. Mohana P.S. Case No. 114 of 2020 for the offence punishable under Sections 147/148//294/323/ IPC, he was 324/326/307/506/341/149 of released on bail by the learned court below.

Taking into consideration the quantity of contraband recovered from the petitioner and the period of custody of the petitioner since 21.11.2025, I am inclined to enlarge the petitioner on bail.

Hence, the petitioner is directed to 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.

The BLAPL is accordingly disposed of. Judge (S.S. Mishra) Ashok Signature Not Verified Digitally Signed Signed by: ASHOK KUMAR JAGADEB MOHAPATRA Designation: Secretary Reason: Authentication Location: High Court of Orissa Date: 06-Jan-2026 18:05:42