[Cites 2, Cited by 0]
Orissa High Court
Luna Bagh @ Luna Bag vs The State Of Orissa .... Opposite ... on 27 April, 2026
Author: Sanjeeb K Panigrahi
Bench: Sanjeeb K Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.2443 of 2026
Luna Bagh @ Luna Bag .... Petitioner(s)
Mr. Mangu Nandy, Adv.
-versus-
The State of Orissa .... 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
0011 25.02.2026 Rayagada T.R. Case No.06 of Sections 20(b)(ii)B &
2026 arising out of 29 of the N.D.P.S Act
Rayagada GRPS
Case No.0011 of
2026 dated
25.02.2026 pending
before the Court of
learned Sessions
Judge-cum-Special
Judge, Rayagada
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 T.R.
Case No.06 of 2026 arising out of Rayagada GRPS Case
No.0011 of 2026 dated 25.02.2026 pending before the
Court of learned Sessions Judge-cum-Special Judge,
Rayagada registered for the alleged commission of
Designation: Personal Assistant
Location: High Court of Orissa
offences under Sections 20(b)(ii)B & 29 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 25.02.2026, during
course of patrolling duty near Rayagada Railway
Station area the S.I. of Rayagada GRPS detained the
present Petitioner on suspicion who was at platform
No.1 along with his trolly bag. On search, they
recovered 7.660 kilograms of contraband ganja from the
trolly bag of the present Petitioner. Accordingly, on
completion of investigation and all the formalities, the
Petitioner was taken into custody. The Petitioner has
been languishing in custody since 26.02.2026.
5. Learned counsel for the Petitioner contends that though
nothing has been seized from the conscious possession
of the present Petitioner, he has been entangled in this
case only on suspicion. The above noted contraband
articles do not belong to him. Moreover, the quantity of
contraband ganja alleged to have been seized from the
conscious possession of the present Petitioner comes
within the purview of below commercial quantity. 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;
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
Ayaskanta
Designation: Personal Assistant
Location: High Court of Orissa
