[Cites 2, Cited by 0]
Orissa High Court
Abhimanyu Nayak vs State Of Orissa .... Opposite Party(S) on 23 April, 2026
Author: Sanjeeb K Panigrahi
Bench: Sanjeeb K Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.1626 of 2026
Abhimanyu Nayak .... Petitioner(s)
Mr. Sapan Kumar Lenka, Adv.
-versus-
State of Orissa .... Opposite Party(s)
Mr. Tej Kumar, ASC
CORAM:
HON'BLE DR.JUSTICE SANJEEB K PANIGRAHI
Order No. ORDER
01. 23.04.2026
F.I.R. Dated Police Case No. and Sections
No. Station Courts' Name
P.R. 00.00.0000 Cuttack- 2(a)CC Case Sections 21(b) of the
No.141/ I Excise No.141/2025 NDPS Act
2025-26 P.S. arising out of
Cuttack-I Excise
P.S. P.R
No.141/2025-26
pending before the
Court of learned
Sessions Judge-
cum-Special Judge,
Cuttack
1.
This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the Petitioner and learned
counsel for the State.
3. The Petitioner being in custody in connection with
2(a)CC Case No.141/2025 arising out of Cuttack-I Excise
P.S. P.R No.141/2025-26 pending before the Court of
learned Sessions Judge-cum-Special Judge, Cuttack
Designation: Personal Assistant
Reason: Authentication
registered for the alleged commission of offences under
Location: High Court of Orissa
Date: 27-Apr-2026 19:03:06
Section 21(b) of the NDPS Act, has filed this application
for his release on bail.
4. The brief fact of the case is that on 20.12.2025, the Excise
personnel of Cuttack District on getting credible
information regarding transportation of heroin
conducted patrolling duty near Nuapada area. During
course of patrolling duty, the Excise personnel detained
the Petitioner on suspicion. On search, they recovered
40 grams of Heroin from the conscious possession of
the present Petitioner. Accordingly, he was taken into
custody on completion of all the formalities meant for
the said purpose. The Petitioner has been languishing in
custody since 20.12.2025.
5. Learned counsel for the Petitioner submits that nothing
has been seized from the conscious possession of the
present Petitioner. The Heroin alleged to have been
seized from the conscious possession of the present
Petitioner does not belong to him. He is an innocent
person and has been falsely implicated in this case. He,
accordingly, prays for permitting the Petitioner to be
released on bail.
6. Learned counsel for the State vehemently opposes the
prayer for bail of the present Petitioner. He further
contends that such type of offences is not tolerable in a
Designation: Personal Assistant
Location: High Court of Orissa
Date: 27-Apr-2026 19:03:06
law abiding society. He, accordingly, prays for
dismissal of this BLAPL.
7. Considering the submissions made on behalf of both
the parties, this Court finds that this petition centers on
a plea for bail in a case involving the alleged possession
and transportation of Heroin. Under the NDPS Act,
offences of this nature invoke a stricter threshold for
bail. The Court is required to form a reasoned belief not
only that the accused may be innocent but also that the
likelihood of reoffending while on bail is minimal.
8. The Petitioner's involvement, whether direct or
peripheral, warrants full scrutiny at trial. Granting bail
at this stage would risk a premature assessment of facts,
which this Court is not inclined to undertake.
9. Considering the nature and gravity of the accusation,
character of evidence appearing against the Petitioner
and the stringent punishment prescribed, this Court is
of the view that there are no reasonable grounds to
believe that the Petitioner has no role in the offence
alleged or not likely to commit any such offence. The
prayer for bail being devoid of any merit stands
rejected.
10. Accordingly, the BLAPL is dismissed.
Designation: Personal Assistant
Judge
Reason:Ayaskanta
Authentication
Location: High Court of Orissa
Date: 27-Apr-2026 19:03:06
