Orissa High Court
Ratikanta Malik vs State Of Odisha .... Opp. Party on 25 September, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.9004 of 2025
Ratikanta Malik .... Petitioner
Mr. Ramakanta Panda, Advocate
-versus-
State of Odisha .... Opp. Party
Ms. Suvalaxmi Devi, ASC
CORAM: JUSTICE SIBO SANKAR MISHRA
Order ORDER
No. 25.09.2025
01. 1. The petitioner is an accused in connection with
P.R. No.93 of 2025-26 corresponding to Special Case
No.196 of 2025 for the offence punishable under
Section 21(b) of the N.D.P.S. Act, pending in the Court
of the learned Sessions Judge-cum-Special Judge,
Balasore. The petitioner had approached the learned
Special Judge, Balasore in Special Case No.196 of
2025 praying for grant of bail. The learned Court
below vide its order dated 19.08.2025 rejected the bail
application of the petitioner. Being aggrieved, the
petitioner has filed the present petition under Section
439 of the Cr.P.C. praying for enlargement on bail.
2. 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.
3. The prosecution case is that on 09.07.2025, at
about 11.30 A.M., while the OIC of Balasore-II Excise
Station along with other Excise Staff performing duty,
they noticed the accused person along with another
sitting on a TVS Apache Motorcycle bearing
Registration No.OD-01K-3284. The Excise staff
apprehended the accused. On search, they found 120
gms. of Brown Sugar from their possession. While the
accused Ranjan Das was in possession of the Brown
Sugar, accused Ratikanta Malik was in possession of
the money which they had earned by selling Brown
Sugar for which the petitioner along with other
accused Ranjan Das was arrested and forwarded to
the Court. After the petitioner moved Bail Application
before the trial Court on 19.08.2025 and the learned
trial Court had rejected the same for which they
approached this Court.
4. It is alleged that 120 grams of Brown Sugar was
recovered from the conscious possession of one
Ranjan Das whereas from the present petitioner
Rs.1150/- has been recovered.
5. Learned counsel for the petitioner has filed a
comprehensive affidavit, inter alia, stating that he is
not involved in any other case except the present one.
Learned counsel for the petitioner submits that since
there is no conscious possession of the contraband
recovered from the petitioner, he is covered by the
judgment in the case of Tofan Singh vs. State of
Tamil Nadu, reported in (2020) 80 OCR (SC) 641.
He strongly contended that the bar under Section 37
of the NDPS Act does not operate in the present case.
The petitioner is in custody since 09.07.2025.
6. Regard being had to the nature of allegation
against the petitioner and the period of custody of the
petitioner since 09.07.2025, I am inclined to enlarge
the petitioner on bail.
7. 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 last Sunday of every
month between 10.00 A.M. and 12.00 P.M. for at least
six 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;
(vi) He shall be released on bail subject to
verification of similar type of antecedents.
8. 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 withdrawal 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.
9. The BLAPL is accordingly disposed of.
(S.S. Mishra)
Subhasis
Judge
Designation: Personal Assistant
Location: High Court of Orissa, Cuttack.
Date: 25-Sep-2025 19:25:50
