Sapan Bindhani Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2025)

Sapan Bindhani Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2025)

What the court decided

AI extract

Outcome

Conditional pre-arrest bail: petitioner to surrender within three weeks and move for bail, upon which he shall be released on bail by the learned Court in seisin (2(a)CC No.67 of 2025) on such terms as deemed just and proper; petitioner to cooperate with the ongoing investigation; appearance of the Commissioner of Excise and the I.O. dispensed with; ABLAPL disposed of.

Issue for consideration

Whether the petitioner is entitled to pre-arrest bail in connection with 2(a)CC No.67 of 2025 (arising out of P.R No.152 of 2025-26) for offences punishable under Sections 20(b)(ii)C of NDPS Act pending before the learned Sessions Judge-cum-Special Judge, Cuttack. +1 more

Court's answer

The instruction received by the office of the Advocate General in the case at hand was taken on record and indicated that nothing adverse was found against the Petitioner.

Ratio / Principle

On that instruction, the Court directed that on surrendering within three weeks and moving for bail, the Petitioner shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.

Key takeaways

Show cause notices had been issued for non-submission of instructions to the office of the Advocate General, necessary remedial measures had been put in place to ensure timely submission of instructions, and considering the same the Court held that no further order need be passed on that point, expressing the hope that the Commissioner's assurance would be acted upon in letter and spirit.ratio¶20
The Petitioner is directed to cooperate with the ongoing investigation.ratio¶27

Detailed headnote1 paragraphs

Anticipatory/pre-arrest bail — ABLAPL No.9758 of 2025, High Court of Orissa at Cuttack (V. Narasingh, J.), order dated 14.11.2025. Sapan Bindhani sought pre-arrest bail in 2(a)CC No.67 of 2025 pending before the learned Sessions Judge-cum-Special Judge, Cuttack, arising out of P.R No.152 of 2025-26, for offences punishable under Sections 20(b)(ii)C of NDPS Act. The Commissioner of Excise (Ms. P Anvesha Reddy, I.A.S.) and the I.O. appeared pursuant to the Court's order dated 12.11.2025, occasioned by the State's complaint that Excise instructions were not received in due time by the Officers of the Advocate General, clogging the docket. The Commissioner reported that show cause notices had been issued and remedial measures instituted; the Court passed no further order, hoping the assurance would be acted upon in letter and spirit. The instruction from the AG's office, taken on record, indicated nothing adverse against the petitioner; accordingly the Court directed that on surrender within three weeks and moving for bail, the petitioner be released on bail by the Court in seisin on terms deemed just and proper, and to cooperate with the ongoing investigation. Appearance of the Commissioner and I.O. dispensed with; ABLAPL disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9758 of 2025

Sapan Bindhani

Petitioner

Mr. S.K. Mishra, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr. S. Panigrahi, ASC

CORAM: JUSTICE V. NARASINGH ORDER

14.11.2025

Order No.

04.

The Petitioner is seeking pre-arrest bail in connection with 2(a)CC No.67 of 2025 pending on the file of learned Sessions Judge-cum-Special Judge, Cuttack, arising out of P.R No.152 of 2025-26 for commission of offences punishable under Sections 20(b)(ii)C of NDPS Act.

The Commissioner of Excise Department, Ms. P Anvesha Reddy, I.A.S, along with I.O., Mr. Dibyajyoti Satyaprakash, SI of Excise EI & EB, Unit-II, Cuttack appeared in terms of the order dated 12.11.2025.

The presence of Commissioner was necessitated in view of the submission of the learned counsel for the State that in Excise matters in spite of communication, instructions are not received in due time by the

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Officers of the Advocate General, resulting in clogging of the docket of this Court.

The I.O., who is present, submits that inadvertently the steps in the right earnest could not be taken in submitting the instructions and he submits that such a lapse will not recur.

This Court is informed by the Commissioner Ms. Reddy, I.A.S, that show cause notice have been issued for non-submission of instruction to the office of the Advocate General. And necessary remedial measures have been put in place to ensure that instructions are submitted to this Court through the office of the Advocate General, in due time. Considering the same, no further order need to be passed in this regard.

This Court fervently hopes that the assurance given by the Commissioner will be acted upon in letter and spirit

The instruction received by the office of the Advocate General in the case at hand is taken on record which, indicates that “ nothing adverse found against the Petitioner”.

Taking note of the same, it is directed that on surrendering within three weeks hence and moving for bail, the Petitioner shall be released on bail by the learned Court in seisin on such terms as deemed just

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and proper. Accordingly, the ABLAPL stands disposed

of. U.C.C. as per rules.

It is needless to state that the Petitioner shall cooperate with the ongoing investigation.

The appearance of the Commissioner, Excise and the I.O is dispensed with.

(V. NARASINGH)

Judge

Soumya

Signature Not Verified

Digitally Signed Signed by: SOUMYA RANJAN SAMAL Reason: Authentication Location: High Court of Orissa Date: 15-Nov-2025 14:00:50

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