Dushasan Mallick Vs State of Odisha

3. The petitioner had approached the learned Court below praying for grant of bail. The learned Court below vide its order dated 15.12.2025 has rejected the bail application of the petitioner.

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Being aggrieved, the petitioner has filed the present petition under

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Section 483 of B.N.S.S., 2023 praying for enlargement on bail.

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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 14.09.2025 at about 5.00 A.M. , the informant, being the Sub-Inspector of Excise, EI & EB, Unit-II (SC), Berhampur, Ganjam , along with his staff, was performing routine patrolling duty near Gangapur Road under Aska Police Station . During the course of patrolling, a black-red Bajaj Pulsar NS-160 motorcycle bearing Registration No. OD-12G-6573, carrying two persons and proceeding from Gangapur towards Aska, was noticed. On seeing the patrolling staff in uniform, the said persons attempted to flee from the spot. However, the informant and his staff successfully intercepted them near Balisira Chhak after disclosing their identity. On interrogation, the two persons disclosed their names and addresses as Satyanarayan Mallick and Prakash Mallick , and admitted that they were escorting

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an Innova Toyota car transporting ganja, along with another Bajaj Pulsar 220 motorcycle. Shortly thereafter, a black-blue Bajaj Pulsar 220 motorcycle bearing Registration No. OD-33-AN-1102 , carrying two persons, approached from the same direction. On noticing the

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patrolling staff, they also attempted to escape but were apprehended by the staff after disclosing their identity. Upon interrogation, they disclosed their names and further admitted that they too were escorting the said Innova Toyota car. Subsequently, an Innova Toyota car bearing Registration No. OR-02-AJ-0345 reached the spot, which was detained by the patrolling staff. On enquiry, the occupants of the vehicle disclosed their identities as Ajit Kumar Digal , who was driving the vehicle, and the present petitioner , who was seated beside the driver. Upon search of the said vehicle, two

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jeri bastas (bags) were recovered. On further search of the two motorcycles and the Innova car, two more jeri bastas , each containing 25 kgs. of ganja , were recovered from the back seat of the Innova car, thereby totaling 50 kgs of contraband ganja . Thereafter, all the six detained persons were photographed and, after observing all legal formalities, the contraband articles were seized in presence of independent witnesses. A seizure list was prepared, and the accused persons were forwarded along with the P.R. for necessary action. Hence, the P.R.

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6. Learned counsel for the petitioner submits that the petitioner is alleged to have been escorting and there is no exclusive and conscious possession of contraband ganja found from him. He

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has specifically stated that the petitioner has no criminal antecedent. The petitioner is in custody since 14.09.2025.

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7. Regard being had to the period of custody, the nature of accusation, the quantity of contraband seized and the fact that the recovery of contraband is not affected from the petitioner, 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 appear before the trial Court on each date on which the case is posted for trial.

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

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

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

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(v) He shall be released on bail subject to verification of similar nature of offence which has not been disclosed in

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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 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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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: 06-Jan-2026 16:22:36

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Dushasan Mallick v. State of Odisha

Case brief

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Dushasan Mallick v. State of Odisha

Case brief

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