[Cites 5, Cited by 0]
Orissa High Court
Pankaj Pradhan vs State Of Odisha ........ Opposite Party on 29 April, 2026
Author: Sanjeeb K Panigrahi
Bench: Sanjeeb K Panigrahi
Signature Not Verified
Digitally Signed
Signed by: SIPUN BEHERA
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 30-Apr-2026 15:12:56 IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.2640 of 2026
Pankaj Pradhan ........ Petitioner(s)
Mr. Surya Kanta Pradhan, Adv.
-versus-
State of Odisha ........ Opposite Party
Mr. Tej Kumar, ASC
CORAM:
DR. JUSTICE SANJEEB K PANIGRAHI
ORDER
29.04.2026
Order No.
01.
F.I.R. Dated Police Station Case No. and Sections
No. Courts' Name
196 17.08. Phiringia C.T. (N) Case No.104 20(b)(ii)(c)/25/
2025 of 2025, pending 29 of the
before the learned NDPS Act.
Sessions Judge-cum-
Special Judge,
Phulbani
1. This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the Parties.
3. The Petitioner, being in custody in Phirngia P.S. Case No.196
dated 17.08.2025, corresponding to C.T.(N) Case No.104 of
2025, pending in the Court of learned Sessions Judge-cum-
Location: HIGH COURT OF ORISSA, CUTTACK
Special
Date: 30-Apr-2026 15:12:56 Judge, Phulbani, registered for the alleged
commission of offences under Sections 20(b)(ii)(c)/25/29 of the
NDPS Act, has filed this petition for his release on bail.
4. The prosecution case, in brief, is that on 17.08.2025, S.I.
Pramod Kumar Behera, while on patrolling and M.V.
checking at Majhipada Ghati under Kasinipadar G.P. with
staff of Phiringia P.S., received reliable information about
transportation of contraband ganja in a white Hyundai Exter
car (Regd. No.OD-02-CV-0236). At about 10:30 A.M., a
vehicle matching the description was spotted coming at high
speed. On seeing the police, the occupants attempted to flee
by taking a U-turn but were intercepted after a chase. They
disclosed their identities as Pankaj Pradhan and Bikram
Mahakud @ Lipun. Upon search, two gunny bags were found
on the back seat emitting ganja smell. Following legal
formalities, 40 kg of ganja (20 kg each) was allegedly
recovered. The contraband was in the exclusive and
conscious possession of the accused persons.
5. Learned counsel for the Petitioner submits that the Petitioner
has been in judicial custody since 17.08.2025. He further
submits that the petitioner is a young man aged about 27
years and had no knowledge regarding the transportation of
Location: HIGH COURT OF ORISSA, CUTTACK
ganja in the jerry bag. Acting in good faith and relying on the
Date: 30-Apr-2026 15:12:56
version of co-accused Pankaj Pradhan, the Petitioner was
merely driving the vehicle. Upon seeing the police personnel,
the Petitioner was apprehended at the spot.
6. Learned counsel for the Petitioner further contends that the
Petitioner has no criminal antecedents and had no idea about
the transportation of ganja in the said vehicle. In the
meantime, a major part of the investigation has already been
completed and all material witnesses have been examined.
Not a single witness has made any allegation against the
Petitioner.
7. It is further contended that, in the meantime, the co-accused
person, named, Bikram Mahakud @ Lipun has been granted
been by this Court in BLAPL No.9762 of 2025. Hence, the
Petitioner seeks bail on the ground of parity.
8. Learned counsel for the State vehemently opposes the prayer
for bail and submits that the Petitioner was the driver of the
vehicle from which the contraband was recovered,
establishing prima facie involvement and attracting the
statutory presumption of conscious possession. The plea of
ignorance is a matter for trial.
Location: HIGH COURT OF ORISSA, CUTTACK
9. Considering the rival submissions, the nature and gravity of
Date: 30-Apr-2026 15:12:56
accusation, the period of detention of the Petitioner since
17.08.2025, the progress of investigation, and the fact that co-
accused has already been granted bail, this Court is of the
view that further pre-trial detention of the Petitioner may not
be necessary.
10. The law is well settled that at the stage of bail, a detailed
examination of evidence is not required and what is to be
seen is whether there are reasonable grounds for believing
that the accused is guilty of the offence, keeping in view the
parameters under Section 37 of the NDPS Act.
11. Taking into account the parity with the co-accused, absence
of criminal antecedents and the fact that trial is likely to take
considerable time, this Court is inclined to grant bail.
12. Accordingly, the Petitioner be released on bail in the
aforesaid case on such terms and conditions as deemed just
and proper by the learned Court in seisin of the matter,
including the condition that the Petitioner shall not tamper
with the prosecution evidence, shall not intimidate or
influence witnesses and shall appear before the trial Court on
each date fixed.
Location: HIGH COURT OF ORISSA, CUTTACK
13. Any violation of the above conditions shall entail cancellation
Date: 30-Apr-2026 15:12:56
of bail.
14. The BLAPL is, accordingly, disposed of.
15. Issue urgent certified copy of this Order as per Rules.
( Dr. Sanjeeb K Panigrahi)
Judge
Sipun
