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2026 Supreme(Online)(Ori) 2701

IN THE HIGH COURT OF ORISSA AT CUTTACK
V. Narasingh, J
PRATAP MAHARANA – Appellant
Versus
STATE OF ODISHA – Respondent
BLAPL No. 2297 of 2026



Advocates:
For the Appellants/Petitioners: A. Pattanaik
For the Respondents: P.K. Ray

The court granted bail to the accused under the NDPS Act, considering the quantity of contraband, the filing of the charge sheet, and the potential delay in trial, subject to verification of criminal antecedents and periodic police reporting.

Headnote:(A) Bail - NDPS Act - Possession of contraband - Grant of bail considering the quantity of contraband, the filing of the charge sheet, and the likelihood of a prolonged trial due to the number of witnesses. (Para 6, 8)

(B) Conditions for Bail - Criminal Antecedents - Bail granted subject to verification of criminal history and the requirement of periodic appearance before the jurisdictional police station. (Para 8, 9, 10)

Issues: Whether the petitioner is entitled to bail considering the quantity of contraband and the stage of the trial.

Table of Content
1. procedural background and case details. (Para 1 , 2 , 3 , 4)
2. arguments on possession and statutory bail bars. (Para 5 , 6 , 7)
3. grant of bail with specific conditions. (Para 8 , 9 , 10 , 11)

ORDER

Order No. 01.

1. Heard learned counsel for the Petitioner and learned counsel for the State.

2. The Petitioner is an accused in connection with T.R. Case No.100 of 2025, pending on the file of learned 1st Addl. Sessions Judge-cum-Spl. Judge, Khordha, arising out of Jankia P.S. Case No.327 of 2025, for commission of alleged offences under Sections 20(b)(ii)C/ 29 of N.D.P.S. Act .

3. Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.

4. Being aggrieved by the rejection of his application for bail U/s.483 of BNSS by the learned 1st Addl. Sessions Judge-cum-Special Judge, Khordha, by order dated 15.01.2026 in the aforementioned case, the present BLAPL has been filed.

5. It is submitted by the learned counsel for the Petitioner that he is in custody since 03.01.2026 on the accusation of possession of contraband (ganja) to the tune of 21 kg 30 grams.

6. It is further submitted with vehemence that conscious possession cannot be attributed to the Petitioner and it is also stated that charge sheet has already been filed and taking into account the quantity of contraband, bleak chance of early trial since prosecution has sought to rely on 24 witnesses, the Petitioner may be released on bail.

7. Learned counsel for the State opposes such prayer in view of the bar contained in Section 37(1)(b)(ii) of the NDPS Act.

8. Considering the quantity of contraband, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin subject to verification of criminal antecedent.

9. If it comes to the fore that the Petitioner has any criminal antecedent, this order shall not be given effect to.

10. Additionally, it is directed that Petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till conclusion of trial.

Certification of such appearance shall be submitted to the Court in seisin.

11. Accordingly, the BLAPL stands disposed of.

U.C.C as per rules.

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