Rajesh Kumar Mohanty @ Raju vs State Of Odisha

Murahari Sri Raman, J

This bail application has been filed by the petitioner under Section 483 of the BNSS for his release on bail in Special G.R. (N) No.03 of 2026, arising out of Paradeep Model P.S. Case No.24 of 2026, pending in the Court of learned Additional Sessions Judge-cum-Special Judge, Kujang for commission of alleged offence punishable under Sections 21(b) and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the "NDPS Act").

The petitioner is in jail custody since 29.01.2026 having been implicated under Sections 21(b) and 29(1) of the NDPS Act on the allegation of illegal/unauthorized possession of 10 grams of brown sugar.

It is submitted by the learned counsel for the petitioner that the petitioner has been falsely implicated in the case at hand and the contraband seized brown sugar being less than the commercial quantity, Section 37 of the NDPS Act is not attracted in this case. Hence, the petitioner may be released on bail.

3.1 He further submits that the petitioner has no criminal antecedents.

Learned Addl. Standing Counsel appearing for the State though vehemently opposes the prayer for bail of the petitioner, and submitted that even assuming that the goods, "brown sugar" seized in this case is below commercial quantity, no relief be granted.

Considering the nature of allegations and the period spent by the petitioner in the custody and being apprised of the fact that there is no criminal antecedent, this Court is inclined to admit the petitioner to bail.

Hence, the petitioner be released on bail by the learned Court in seisin over the matter in connection with the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following additional conditions:

(i) He shall appear before the learned trial Court on each date on which the case is posted for trial and in the event of his default on any one occasion, the learned trial Court shall issue coercive process to ensure his presence and the concession granted by this Court shall stand cancelled;

(ii) He shall not tamper and/or attempt to tamper with the evidence in any manner whatsoever.

(iii) He shall not commit any offence while on bail; and

(iv) He shall be released on bail subject to further verification of antecedents.

In the event, the petitioner is found deviating from any of the bail conditions imposed by this Court and/or the learned trial Court even on a single occasion, the prosecution is at liberty to move appropriate step to apprehend the accused-petitioner(s).

Accordingly, the BLAPL stands disposed of being allowed.

Issue urgent certified copy of this order on proper application.