Shivam Nayak vs State Of Odisha .......... Opposite ...
2026 Latest Caselaw 3913 Ori

Orissa High Court

Shivam Nayak vs State Of Odisha .......... Opposite ... on 27 April, 2026

Author: Sanjeeb K Panigrahi

Bench: Sanjeeb K Panigrahi

                                IN THE HIGH COURT OF ORISSA AT CUTTACK
                                            BLAPL No. 2420 of 2026

                              Shivam Nayak                              ........   Petitioner(s)
                                                                    Mr. Gokulananda Sahu, Adv.
                                                    -Versus-
                              State of Odisha                     ..........     Opposite Party(s)
                                                                    Mr. Raj Bhushan Das, ASC

                                         CORAM:
                                         DR. JUSTICE SANJEEB K PANIGRAHI
                                                    ORDER

27.04.2026 Order No.

01.

                              FIR     Dated       Police       Case     No.   Sections
                                                  Station      and Courts'
                              No.
                                                               Name
                              269     18.08.2025 Khariar       JCT     Case   Sections
                                                               No.20     of   20(b)(ii)C
                                                               2025           of NDPS
                                                               pending in     Act
                                                               the court of
                                                               learned
                                                               PMJJB,
                                                               Nuapada

1. This matter is taken up through hybrid arrangement.

2. Heard learned counsel for the parties.

3. The Petitioner being in custody in Khariar P.S. Case No. 269

the court of learned PMJJB, Nuapada, registered for the

alleged commission of offences under Sections 20(b)(ii)(C) of

NDPS Act, has filed this petition for his release on bail.

4. The brief fact of the case is that on 18.08.2025, the Petitioner

was found in possession of 20 kg 495 grams of ganja, when he

was waiting for a bus at Sanadohel bus stop, and the S.I. of

Police, Khariar P.S., apprehended him along with one

Upendra Naik @ Kumar of village Mharajpur of the State of

Uttar Pradesh. Hence, this case.

5. Learned counsel for the Petitioner submits that the Petitioner

has no knowledge about the transportation of contraband

ganja. He further contends that nothing has been seized from

the conscious possession of the present Petitioner. The

Petitioner is in custody since 18.08.2025. Hence, he submits

that, the prayer of the present Petitioner may be allowed.

6. Learned counsel for the State vehemently opposes the prayer

for bail stating that the quantity of ganja seized is clearly

above the commercial quantity prescribed under the NDPS

Act which bars granting of bail.

7. Without going into the merit of the case and based on the

facts and circumstances of the case, it is directed that the

Petitioner be released on bail in the aforesaid case with some

stringent terms and conditions as deemed just and proper by

the learned court in seisin over the matter with further

conditions that:-

i. The Petitioner shall appear before the local Police Station on every alternate Sunday between 10.00 A.M. to 12.00 P.M. till conclusion of the trial.; ii. The Petitioner shall not indulge himself in any criminal offence while on bail.

iii. The Petitioner shall not tamper the evidence of the prosecution evidence in any manner.

8. Violation of any of the above conditions shall entail

cancellation of the bail.

9. The BLAPL is, accordingly, disposed of.

( Dr. Sanjeeb K Panigrahi) Judge Murmu