[Cites 3, Cited by 0]
Orissa High Court
Jaga @ Satyabrata Mohanty 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.2642 of 2026
Jaga @ Satyabrata Mohanty ........ Petitioner(s)
Mr. Nityabrata Behuria, 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
233 24.07. Kalinganagar Spl. GR. (NDPS) 20(b)(ii)(C)/29
2025 (Duburi) Case No.50 of 2025, (1) of the
pending before the NDPS Act.
learned Addl.
Sessions Judge-cum-
Special Judge, Jajpur
Road
1. This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the Parties.
3. The Petitioner, being in custody in Kalinganagar (Duburi)
P.S. Case No.233 dated 24.07.2025, corresponding to Spl. G.R.
Location: HIGH COURT OF ORISSA, CUTTACK
(NDPS) Case No.50 of 2025, pending in the Court of learned
Date: 30-Apr-2026 15:12:56
Sessions Judge-cum-Special Judge, Jajpur Road, registered for
the alleged commission of offences under Sections
20(b)(ii)(C)/29(1) of the NDPS Act, has filed this petition for
his release on bail.
4. The prosecution's case, in a nutshell, is that the complainant,
while on patrolling duty, received credible information
regarding an accident involving a Tata Punch car. She
immediately rushed to the spot and, upon inspection, found
four plastic gunny bags emitting a smell of ganja. No person
was found inside the vehicle. Thereafter, she seized those
packets as well as the said car.
5. Learned counsel for the Petitioner submits that the present
Petitioner has no complicity in the alleged offence and there
is not even an iota of evidence against him to implicate him
in the present case. The entire case has been falsely foisted to
harass and humiliate him and to damage his reputation in
society. It is submitted that the said car does not belong to the
Petitioner. He was not present at the spot, and no contraband
was recovered from his possession. Without any cogent
material or justification, the petitioner's vehicle, a Mahindra
Bolero bearing registration no. OD 21 5679, was seized and he
Location: HIGH COURT OF ORISSA, CUTTACK
has been falsely implicated and illegally arrested by the
Date: 30-Apr-2026 15:12:56
investigating agency.
6. It is further submitted that no contraband, including brown
sugar, was recovered from the Petitioner, which is clearly
reflected in the seizure list. There is nothing on record to
show his involvement in the production, manufacture,
possession, sale, purchase, transport, import, or export of any
narcotic drug or psychotropic substance. Thus, the essential
ingredients of offences under the NDPS Act are not prima
facie made out against him.
7. It is further contended that the petitioner has been arrested
solely on the basis of the confessional statement of a co-
accused, namely Dhiraj Kumar Rout and is in custody since
02.09.2025. He has no criminal antecedents. Therefore, there
is no legal bar to his release on bail.
8. Learned counsel for the State vehemently opposes the prayer
for bail.
9. Considering submissions of the learned counsel for both the
parties, the period of custody, absence of criminal
antecedents and the fact that further custodial detention of
the Petitioner does not appear necessary for the purpose of
Location: HIGH COURT OF ORISSA, CUTTACK
investigation, this Court is inclined to allow the prayer for
Date: 30-Apr-2026 15:12:56
bail.
10. 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.
11. Any violation of the above conditions shall entail cancellation
of bail.
12. The BLAPL is, accordingly, disposed of.
13. Issue urgent certified copy of this Order as per Rules.
( Dr. Sanjeeb K Panigrahi)
Judge
Sipun
