Citation : 2026 Latest Caselaw 3926 Ori
Judgement Date : 27 April, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.2449 of 2026
Imanuel Raita .... 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, 2(a) CC Case No.05 Sections 20(b)(ii)(B) of
No.145 Raikia of 2026 arising out the N.D.P.S Act
of of OIC of Excise
2025- Raikia P.R. No.145
26 of 2025-26 pending
before the Court of
learned Special
Judge-cum-Addl.
District & Sessions
Judge, Balliguda
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.05 of 2026 arising out of OIC of Excise
Raikia P.R. No.145 of 2025-26 pending before the Court
of learned Special Judge-cum-Addl. District & Sessions
Judge, Balliguda registered for the alleged commission
Designation: Personal Assistant
Location: High Court of Orissa
of offences under Sections 20(b)(ii)(B) 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 17.01.2026, the OIC
of Excise, Raikia on getting credible information
regarding transportation of contraband ganja, detained
the present Petitioner on suspicion who was coming by
his motorcycle from Bira Chhak area. On search, he
recovered 7 kilograms of contraband ganja from his
conscious possession. Accordingly, on completion of
investigation and all the formalities, the Petitioner was
taken into custody. The Petitioner has been languishing
in custody since 17.01.2026.
5. Learned counsel for the Petitioner contends that
nothing has been seized from the conscious possession
of the present Petitioner. He has been falsely implicated
in this case. The above noted contraband ganja does 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
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