Citation : 2026 Latest Caselaw 3923 Ori
Judgement Date : 27 April, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.2444 of 2026
Brijesh Kumar Singh & .... Petitioner(s)
Ors.
Mr. Biswajit Ranjan Tripathy, 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
0364 12.09.2025 Boudh Special Case Sections 20(b)(ii)(c) &
(NDPS) No.114 of 29 of the N.D.P.S Act
2025 arising out of
Boudh P.S. Case
No.364 of 2025
pending before the
Court of learned
Additional Sessions
Judge-cum-Special
Judge, Boudh
1.
This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the Petitioners and learned
counsel for the State.
3. The Petitioners being in custody in connection with
Special Case (NDPS) No.114 of 2025 arising out of
Boudh P.S. Case No.364 of 2025 pending before the
Court of learned Additional Sessions Judge-cum-
Designation: Personal Assistant
Location: High Court of Orissa
Special Judge, Boudh registered for the alleged
commission of offences under Sections 20(b)(ii)(c) & 29
of the N.D.P.S Act, have filed this application for their
release on bail.
4. The brief fact of the case is that on 12.09.2025 at about
8.21 P.M., the Police personnel on getting credible
information regarding transportation of contraband
ganja, detained the present Petitioners on suspicion at
Nuapalli Chhak area. On search, they recovered 30
kilograms of contraband ganja from their conscious
possession. Accordingly, on completion of investigation
and all the formalities, the Petitioners were taken into
custody. The Petitioners have been languishing in
custody since 12.09.2025.
5. Learned counsel for the Petitioners contends that
though nothing has been seized from the conscious
possession of the present Petitioners, they have been
entangled in this case only on suspicion. The above
noted contraband articles do not belong to them. He,
accordingly, prays for permitting the Petitioners to be
released on bail.
6. Learned counsel for the State vehemently opposes the
prayer for bail of the present Petitioners. 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 Petitioners on bail in the aforesaid
case on some stringent terms and conditions with
further conditions that:
i. the Petitioners 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 Petitioners shall appear before the learned Court in seisin over the matter on each date of posting of the case;
iii. the Petitioners shall not indulge themselves in any criminal activities in future;
iv. the Petitioners 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
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