Disposed¶6

Amal Kumar Nayak v. State of Odisha

Orissa HC11 Feb 2025BLAPL/612/2025

Case brief

AI extract

What is this about?

BLAPL No.612 of 2025; High Court of Orissa at Cuttack; Justice Sashikanta Mishra; bail application; N.D.P.S. Act Sections 20(b)(ii)C, 25 and 29; Mohana P.S. Case No.165/2020; G.R. Case No.61(A)/2020; Sessions Judge-cum-Special Judge, Parlakhemundi; 71 kgs. 300 grams ganja; registered owner of vehicle; petitioner not present at spot; no evidence of possession; co-accused driver granted bail; bail allowed; condition of personal appearance on each date; N.B.W.; custody since 27.12.2024; decided 11.2.2025.

What did the court decide?

Petitioner to be released on bail on such terms and conditions as may be imposed by the Court in seisin over the matter, including personal appearance before the trial court on each date of posting, failing which N.B.W./custody. ¶6

Amal Kumar Nayak Vs State of Odisha — Orissa HC (2025) — LawSathi Research

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

BLAPL No.612 of 2025

¶3

Amal Kumar Nayak

¶4

..... Petitioner

¶5

Represented by Adv. – Mr. B. Pujari

¶6

-versus-

¶7

State Of Odisha

¶8

..... Opposite Party

¶9

Represented by A.S.C.

¶10

CORAM: JUSTICE SASHIKANTA MISHRA

ORDER

11.2.2025.

Order No.

This matter is taken up through hybrid mode.

¶15

Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

¶16

The Petitioner is in custody since 27.12.2024 in connection with Mohana P.S. Case No.165/2020 corresponding to G.R. Case No.61(A)/2020 pending in the Court of learned Sessions Judge-cum-Special Judge, Parlakhemundi, for the alleged commission of the offence under Sections 20(b)(ii)C and 25 and 29 of the N.D.P.S. Act..

¶17

Page 1 of 2

¶18

// 2 //

¶19

It is alleged that 71 kgs. 300 grams of contraband ganja was being transported in the vehicle where Police detained him. The case diary reveals that the Petitioner was not present at the spot, but he has been implicated as he is the registered owner of the vehicle. The co-accused, who is said to be the driver of the vehicle, has in the meantime been granted bail.

¶20

Having regard to the fact that there is no evidence of the presence of the Petitioner at the spot or of his possessing contraband, I am inclined to allow the prayer for bail. Let the Petitioner be released on bail on such terms and conditions as may be imposed by the Court in seisin over the matter in the aforesaid case including the condition that he shall personally appear before the trial court on each date of posting of the case, failing which it shall be open to the said court to pass necessary orders to take him to custody again by issuing N.B.W.

¶21

The BLAPL is disposed of.

¶22

Urgent certified copy of this order be granted on proper application.

¶23

(Sashikanta Mishra) AKB Judge

¶24

Signature Not Verified

¶25

Digitally Signed Signed by: ASHOK KUMAR BEHERA Reason: Authentication Location: High Court of Orissa, C utta ck Date: 12-Feb-2025 12:07:53

¶26

Page 2 of 2

Amal Kumar Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

Amal Kumar Nayak 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

Similar cases

Purna Chandra Digal Vs State of Odisha

Ravi Kumar Kukreja Vs Collector Cum Appellate Authority, Rayagada

Saroj Nayak Vs State of Odisha

Bikram Narendrasingh Vs State of Odisha

Lopamudra Pradhan Vs State of Odisha

Basanti Sahoo Vs State of Odisha