Disposed¶8

Deepak Swain v. State of Odisha

Orissa HC17 Dec 2025BLAPL/12500/2025

Case brief

AI extract

What is this about?

Deepak Swain v. State of Odisha, BLAPL No.12500 of 2025, High Court of Orissa at Cuttack, Justice Sibo Sankar Mishra. Bail petition under Section 483 of B.N.S.S., 2023 in NDPS matter (offence under Section 20(b)(ii)(B) of the N.D.P.S. Act), arising from seizure of 15 kg ganja on 13.11.2025 at Khallikote, Ganjam; bail application earlier rejected on 18.11.2025; bail granted with conditions and BLAPL disposed of.

What did the court decide?

Petitioner admitted to bail: to be released on bail by the Court in seisin over 2(a) C.C. No.39 of 2025(N) on terms it deems just and proper, subject to additional conditions (i)-(vii); liberty to the prosecution to move for recall of bail upon violation of any condition. ¶8

Deepak Swain 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, an accused under Section 20(b)(ii)(B) of the N.D.P.S. Act in 2(a) C.C. No.39 of 2025(N) arising out of Khallikote Model Excise Station P.R. No.112/2025-26, should be enlarged on bail under Section 483 of B.N.S.S., 2023 after rejection of his bail application by the learned Court below on 18.11.2025.

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Court's answer

Regard being had to the period of custody from 13.11.2025, the nature of accusation, the quantity of contraband seized and the fact that the trial has not yet commenced, the Court is inclined to admit the petitioner on bail.

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Ratio / Principle

The petitioner is directed to be released on bail by the Court in seisin over the matter in the aforesaid case on such terms and conditions as that Court deems just and proper, subject to additional conditions.

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Key takeaways

Bail is subject to additional conditions: physical reporting before the concerned Police Station on the last Sunday of every month for two months; cooperation with investigation; not leaving the trial Court's jurisdiction till disposal of trial; appearance before the trial Court on each posting date; no tampering with evidence; no commission of any offence while on bail; and release subject to verification regarding similar undisclosed offences.ratio¶7(i)
Violation of any bail condition shall entail consideration for cancellation of bail; the prosecution is given liberty to move the Court below for recalling the concession of bail, and the trial Court should decide such application on its own merit.ratio¶7

Detailed headnote1 paragraphs

Bail under S.483 B.N.S.S., 2023 - accused in Khallikote Model Excise Station P.R. No.112/2025-26 corresponding to 2(a) C.C. No.39 of 2025(N) for offence under S.20(b)(ii)(B) N.D.P.S. Act - 15 kg ganja seized on 13.11.2025 - in custody since 13.11.2025 - trial not yet commenced - earlier bail rejection dated 18.11.2025 by learned Court below - admitted to bail by the Court in seisin subject to conditions including monthly police-station reporting for two months, cooperation with investigation, no departure from trial-court jurisdiction, appearance on trial dates, no tampering with evidence and no fresh offences - violation entails consideration for cancellation; BLAPL disposed of.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.12500 of 2025

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Deepak Swain

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Petitioner(s)

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Mr. Partha Sarathi Das, Advocate

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-versus-

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State of Odisha

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…. Opposite Party(s)

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Ms. Subhalaxmi Devi, ASC

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CORAM: JUSTICE SIBO SANKAR MISHRA

ORDER

Order No.

01.

1. Heard.

2. The petitioner is an accused in connection with Khallikote

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Model Excise Station P.R. No.112/2025-26 corresponding to 2(a)

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C.C. No.39 of 2025(N) registered on the allegation of the commission of the offence under Section 20(b)(ii)(B) of the N.D.P.S. Act pending in the Court of the learned Additional Sessions Judge-cum-Special Judge, Khallikote, Ganjam.

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3. The petitioner had approached the learned Court below praying for grant of bail. The learned Court below vide its order dated 18.11.2025 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 483 of B.N.S.S., 2023 praying for enlargement on bail.

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Page 1 of 4

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4. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R.

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5. The prosecution case, in brief, is that on 13.11.2025, while the informant, who was working as Officer-in-Charge, Khallikote Model Excise Station , along with his staff, was on patrolling duty near Haridamula Chhaka under Khallikote Police Station, they noticed a person riding a motorcycle at a high speed while carrying a jerry bag. Finding his conduct suspicious, the informant and his staff intercepted and detained the said person. On interrogation, he disclosed his identity and admitted that the jerry bag in his possession contained packets of ganja. Thereafter, upon following the mandatory procedures prescribed under the Narcotic Drugs and Psychotropic Substances Act , the informant seized 15 kilograms of contraband cannabis (ganja) from the exclusive and conscious possession of the accused. Hence, this case.

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6. Learned counsel for the petitioner submits that 15 kg of contraband ganja was allegedly seized from the possession of the petitioner and has been in custody since 13.11.2025. He further submits that except the present case, the petitioner has no criminal

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antecedent and he has drawn my attention to paragraph-3 of the bail application in that regard.

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7. Regard being had to the period of custody from 13.11.2025, the nature of accusation, the quantity of contraband seized and the fact that the trial has not yet been commenced, I am inclined to admit the petitioner on bail.

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

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(i) The petitioner shall report before the concerned Police Station being physically present on last Sunday every month for two months.

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(ii) He shall cooperate with the investigation.

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(iii) He shall not leave the jurisdiction of the trial Court till disposal of the trial.

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(iv) He shall appear before the trial Court on each date on which the case is posted for trial.

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(v) He shall not tamper with the evidence in any manner whatsoever.

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Page 3 of 4

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(vi) The petitioner shall not commit any offence while on bail,

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and

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(vii) He shall be released on bail subject to verification of

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similar nature of offence which has not been disclosed in the petition.

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Violation of any of the conditions shall entail consideration

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for cancellation of the bail granted to the petitioner. In the event, any of the bail conditions are violated by the petitioner, the prosecution is given liberty to move appropriate application before

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the Court below for recalling the concession of bail. If such application is moved, the trial Court should decide the application on its own merit.

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8. The BLAPL is accordingly disposed of.

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(S.S. Mishra) Judge

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Swarna

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Signature Not Verified

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Digitally Signed Signed by: SWARNAPRAVA DASH Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 18-Dec-2025 19:25:16

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Page 4 of 4

Deepak Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

Deepak Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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