Disposed¶28

Sahid Mandal Nayak v. State of Odisha

Orissa HC17 Oct 2025BLAPL/10458/2025

Case brief

AI extract

What is this about?

BLAPL No.10458 of 2025; Sahid Mandal Nayak v. State of Odisha; bail under section 483 BNSS 2023; NDPS Act section 20(b)(ii)(B); section 37 NDPS bar not applicable; 5 kgs ganja below commercial quantity; Khordha Excise Station P.R. No. 152 of 2025-26; T.R. Case No.102 of 2025; bail earlier rejected 25.09.2025 by Special Judge Khurda; judicial custody since 20.09.2025; bail bond Rs.50,000 two sureties; Justice S.K. Sahoo; decided 17.10.2025; High Court of Orissa at Cuttack.

What did the court decide?

Petitioner released on bail in T.R. Case No.102 of 2025 on furnishing bail bond of Rs.50,000.00 with two local solvent sureties each for the like amount, subject to conditions including appearance on each trial date, no criminal activities and no tampering with prosecution evidence; urgent certified copy ordered as per Rules. ¶28

Sahid Mandal Nayak Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, in judicial custody since 20.09.2025 for an offence punishable under section 20(b)(ii)(B) of the N.D.P.S. Act with 5 kgs of ganja stated to have been seized (lesser than commercial quantity), should be released on bail, the bar under section 37 of the N.D.P.S. Act not being applicable.

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Court's answer

Considering the submissions of counsel, the quantity of ganja seized, absence of bar under section 37 of the N.D.P.S. Act, progress of investigation and the period of detention in judicial custody, the Court was inclined to release the petitioner on bail.

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Ratio / Principle

The petitioner was directed to be released on bail on furnishing a bail bond of Rs.50,000.00 with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter.

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Key takeaways

Release was made subject to further terms and conditions as the learned trial Court may deem just and proper, including appearance before the trial Court on each posting date, abstention from criminal activities and non-tampering with prosecution evidence; violation of any condition shall entail cancellation of bail.ratio¶27

Detailed headnote1 paragraphs

Bail granted — NDPS (Orissa High Court): Application under S. 483 of B.N.S.S, 2023 for bail in T.R. Case No.102 of 2025 (arising out of P.R. No. 152 of 2025-26, Khordha Excise Station) for offence punishable under S. 20(b)(ii)(B) of the N.D.P.S. Act; 5 kgs ganja stated seized, lesser than commercial quantity, so bar under S. 37 N.D.P.S. Act held inapplicable; earlier bail application rejected by learned Special Judge, Khurda on 25.09.2025; petitioner in judicial custody since 20.09.2025. Considering quantity seized, absence of S. 37 bar, progress of investigation and period of detention, the Court (S.K. Sahoo, J.) released the petitioner on bail on bond of Rs.50,000 with two local solvent sureties, with conditions; violation entails cancellation. BLAPL disposed of on 17.10.2025.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.10458 of 2025

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Sahid Mandal Nayak

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…. Petitioner

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Dr. Simanchalla Ranjit, Advocate

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-versus-

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State of Odisha

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…. Opp. Party

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Mr. Aurovinda Mohanty, Addl. Standing Counsel

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CORAM:

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JUSTICE S.K. SAHOO

ORDER

Order No.

17.10.2025

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

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Heard learned counsel for the petitioner and learned counsel for the State.

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This is an application under section 483 of B.N.S.S, 2023 in connection with T.R. Case No.102 of 2025 arising out of P.R. No. 152 of 2025-26 of Khordha Excise Station, Khordha pending in the Court of learned 1^st Addl. Sessions Judge -cum- Special Judge, Khordha for alleged commission of offence punishable under section 20(b)(ii)(B) of the N.D.P.S. Act.

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The petitioner moved an application for bail before the Court of learned Special Judge under NDPS

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Act, Khurda, which was rejected on 25.09.2025.

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Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 20.09.2025 and the quantity of ganja stated to have seized from the possession of the petitioner is 5 kgs which is lesser than commercial quantity and the bar under section 37 of the N.D.P.S. Act is not applicable and therefore, the bail application of the petitioner may be favourably considered.

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Learned counsel for the State opposed the prayed for bail.

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Considering the submissions made by the learned counsel for the respective parties, the quantity of ganja seized, absence of bar under section 37 of the N.D.P.S. Act, progress of investigation and the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail.

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Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper including the conditions that the petitioner shall appear before the learned trial Court on each date to which the case is posted for trial, shall not indulge in any criminal activities and shall not try to

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tamper with the prosecution evidence.

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Violation of any of the conditions shall entail cancellation of bail.

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The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.

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( S.K. Sahoo)

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Judge