Citation : 2026 Latest Caselaw 3947 Ori
Judgement Date : 29 April, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 2605 of 2026
Siddhanta Digal ........ Petitioner(s)
Mr. Bikash Karna, Adv.
-Versus-
State of Odisha .......... Opposite Party(s)
Mr. Raj Bhushan Das, ASC
CORAM:
DR. JUSTICE SANJEEB K PANIGRAHI
ORDER
29.04.2026 Order No.
01.
FIR Dated Police Case No. Sections
Station and Courts'
No.
Name
197 03.03.2026 OIC of 2(a)CC Case Sections
Excise No.05 of 20(b)(ii)(B)
Station, 2026 (NDPS) of NDPS
Kantamal pending in Act
the court of
learned
Addl.
Sessions
Judge-cum-
Special
Kantamal
1. This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the parties.
3. The Petitioner being in custody in P.R. Case No. 197 of 2025-
26, corresponding to 2(a)CC Case No. 05 of 2026 pending in
the court of learned Addl. Sessions Judge-cum-Special Judge,
Kantamal , registered for the alleged commission of offences
under Sections 20(b)(ii)(B) of NDPS Act, has filed this petition
for his release on bail.
4. The brief fact of the case is that on 03.03.2026 at 5.30 A.M,
O.I.C of Excise Station, Kantamal and his staff were
performing patrolling duty from Kantamal to Matakupa
village road and during patrolling, they received reliable
information from a source that two persons were coming in a
blue colour Jupiter Scooty bearing Registration No.OD-31M-
7261 along with Ganja. Then they proceeded towards
Matakupa. On the way near the village Budhakhol, they
noticed that the present accused persons were coming in the
said Scooty along with a jerry bag. The jerry bag emits a
Ganja smell. After observing all the formalities of search and
seizure as enshrined in the NDPS Act, they recovered and
seized 6kg of Ganja. Hence, this case.
5. Learned counsel for the Petitioner submits that the Petitioner
has no knowledge about the transportation of contraband
ganja. He further submits that the alleged ganja seized from
the possession of the Petitioner is below the commercial
quantity. The Petitioner has been in custody since 03.03.2026.
Accordingly, it is prayed that the present application for bail
may be favourably considered.
6. Learned counsel for the State submits that the seized
contraband ganja i.e. 6 Kg was recovered from the exclusive
and conscious possession of the Petitioner. Hence, he
vehemently opposes the prayer for 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 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 offence while on bail.
iv. 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
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