Citation : 2026 Latest Caselaw 3918 Ori
Judgement Date : 27 April, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.2437 of 2026
Ajit Kumar Digal .... Petitioner(s)
Mr. Mahes Das, Adv.
-versus-
State of Odisha .... Opposite Party(s)
Mr. Sonak Mishra, ASC
CORAM:
HON'BLE DR.JUSTICE SANJEEB K PANIGRAHI
Order No. ORDER
01. 27.04.2026
F.I.R. Dated Police Case No. and Sections
No. Station Courts' Name
P.R. 00.00.0000 Excise, E.I 2(a)CC Case Sections 20(b)(ii)(C)
No.393 & E.B, No.22 of 2025 (N) of the N.D.P.S Act
of Unit-II arising out of S.I.
2025- (SD), of Excise, E.I &
2026 Berhampur E.B, Unit-II (SD),
Berhampur P.R.
No.393 of 2025-
2026 pending
before the Court
of learned
Additional
Sessions Judge-
cum-Special
Judge, Aska
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.22 of 2025 (N) arising out of S.I. of
Designation: Personal Assistant
Location: High Court of Orissa
Excise, E.I & E.B, Unit-II (SD), Berhampur P.R. No.393
of 2025-2026 pending before the Court of learned
Additional Sessions Judge-cum-Special Judge, Aska
registered for the alleged commission of offences under
Sections 20(b)(ii)(C) of the N.D.P.S Act, has filed this
application for his release on bail.
4. The brief fact of the case is that on 14.09.2025, during
course of patrolling duty the Excise personnel detained
the car driven by the Petitioner on suspicion. On search,
they recovered 50 kilograms of contraband Ganja from
the said car. Accordingly, the Petitioner was taken into
custody on completion of all the formalities. The
Petitioner has been languishing in custody since
14.09.2025.
5. Learned counsel for the Petitioner contends that the
Petitioner was only the driver of the said car. He further
contends that another person named Dushasan Mallick
was also travelling through the said car. The above
noted contraband Ganja alleged to have been seized
from the said car does not belong to the present
Petitioner. 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
submits that such type of offences is not tolerable in a
Designation: Personal Assistant
Location: High Court of Orissa
law abiding society. He, accordingly, prays for
dismissal of this BLAPL.
7. Considering the submissions made on behalf of both
the parties, this Court without going into the merits of
the case, directs the court in seisin over the matter to
release the present Petitioner on bail in the aforesaid
case on some stringent terms and conditions with
further conditions that:
i. the Petitioner shall appear before the concerned local Police Station on every alternate Sunday between 10.00A.M. to 12.00P.M. till conclusion of the trial;
ii. the Petitioner shall appear before the learned Court in seisin over the matter on each date of posting of the case;
iii. the Petitioner shall not indulge himself in any criminal activities in future;
iv. the Petitioner shall not tamper the evidence of the prosecution witnesses in any manner; v. the Petitioner shall not threaten the informant or his family members in any manner;
8. Violation of any of the above conditions shall entail
cancellation of the bail.
9. This BLAPL is, accordingly, disposed of.
(Dr. Sanjeeb K Panigrahi) Judge Signature AyaskantaNot Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa
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