Babula Nalla v. State of Odisha

Orissa HC12 Feb 2026BLAPL/115/2026

Case brief

AI extract

What is this about?

Bail allowed; BLAPL No.115 of 2026; High Court of Orissa at Cuttack; G. Satapathy, J.; order dated 12.02.2026; petitioner Babula Nalla; S.483 BNSS bail application; NDPS Act S.20(b)(ii)(B); Section 37 NDPS Act embargo not attractable; intermediate quantity; 10 kgs contraband ganja; Inspector of Excise Dist. Mobile Unit Kandhamal Phulbani; P.R. No. 248 of 2025-26; 2(a)C.C. Case No.69 of 2025; Special Judge-cum-Addl. Dist. & Sessions Judge Balliguda; custody since 16.12.2025; PR submitted; bail bond Rs. 50,000/- with one solvent surety; State of Odisha opposite party.

What did the court decide?

Bail granted to the petitioner on furnishing bail bonds of Rs.50,000/- with one solvent surety for the like amount, subject to such terms and conditions as deemed fit and proper by the Court in seisin of the case. ¶¶14

Babula Nalla Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2026)

What the court decided

AI extract

Outcome

¶¶14

Issue for consideration

Whether the petitioner, charged under S.20(b)(ii)(B) NDPS Act for alleged possession of 10 kg contraband ganja (stated to be intermediate quantity) and detained since 16.12.2025 with PR submitted, should be admitted to bail, notwithstanding the embargo under Section 37 of the NDPS Act.

¶¶11

Court's answer

Because the quantity of contraband ganja allegedly seized is an intermediate quantity, the embargo of the provisions of Section 37 of the NDPS Act is not attractable, and the Court, without expressing any view on merit, admits the petitioner to bail.

¶¶13

Ratio / Principle

The petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety for the like amount, to the satisfaction of the Court in seisin, on such terms and conditions as deem fit and proper by that Court.

¶¶14

Detailed headnote1 paragraphs

Orissa High Court (G. Satapathy, J.), oral order dated 12.02.2026 in BLAPL No.115 of 2026: bail application under S.483 BNSS filed by petitioner Babula Nalla, an accused in Excise P.R. No. 248 of 2025-26 / 2(a)C.C. Case No.69 of 2025 (pending before the Special Judge-cum-Addl. Dist. & Sessions Judge, Balliguda) for an offence punishable U/S.20(b)(ii)(B) of the NDPS Act on the allegation of possessing 10 kgs of contraband ganja, is allowed. The Court observed that the quantity of contraband ganja allegedly seized being an intermediate quantity, the embargo of Section 37 of the NDPS Act is not attractable, and accordingly admitted the petitioner to bail — without expressing any view on the merits — taking into account his pre-trial detention in custody since 16.12.2025 and submission of PR in the meantime. Bail ordered on furnishing bonds of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety for the like amount, subject to conditions deemed fit by the Court in seisin; BLAPL stands disposed of.

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.115 of 2026

¶2

Babula Nalla

¶3

… Petitioner Mr. M. Das, Advocate

¶4

-versus-

¶5

State of Odisha

¶6

… Opposite Party Mr. S.C. Pradhan, Addl. PP

¶7

Order No.

¶8

01.

¶9

CORAM: JUSTICE G. SATAPATHY ORDER(ORAL) 12.02.2026

¶10

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

¶11

This is the bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Inspector of Excise, Dist. Mobile Unit, Kandhamal, Phulbani P.R. No. 248 of 2025-26 corresponding to 2(a)C.C. Case No.69 of 2025 pending in the Court of learned Special Judge-cum-Addl. Dist. & Sessions Judge, Balliguda for commission of offence punishable U/S.20(b)(ii)(B) of the NDPS Act, on the main allegation of possessing 10Kgs of Contraband Ganja. 3. Heard, Mr. Mahes Das, learned counsel for the petitioner and Mr. S.C. Pradhan, learned Additional Public Prosecutor in the matter and perused the record. 4. After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the accusations sought to be brought against him and regard being had to the pre-trial detention of the petitioner in custody since 16.12.2025 with submission

¶12

Page 1 of 2

¶13

of PR in the meantime and the quantity of Contraband Ganja allegedly seized in this case being intermediate quantity and thereby, the embargo of the provisions of Section 37 of NDPS Act being not attractable, this Court without expressing any view on merit admits the petitioner to bail.

¶14

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it.

¶15

Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e- mail for reference.

¶16

(G. Satapathy) Judge

¶17

S.Sasmal

¶18

Signature Not Verified

¶19

Digitally Signed Signed by: SUBHASMITA SASMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 13-Feb-2026 11:13:16

¶20

Page 2 of 2

Babula Nalla v. State of Odisha

Case brief

What is this about?

What did the court decide?

Babula Nalla 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

Jinunga Mallick Vs State of Odisha

Sagar Lenka @ Sagar Kumar Lenka Vs State of Odisha

Omprakash Das @ Om Prakash Dash Vs State of Odisha

Dambaru Gouda Vs State of Odisha

Sk. Salim @ Habib @ Aji Vs State of Odisha

Menaka Swain Vs State of Odisha