Pankaj Kumar Gupta Vs Union of India (Railway)

F.I.R. No.	Dated	Police Station	Case No. and Courts’ Name	Sections
103	07.08.2025	Sambalpur GRPS	T.R. Case No.94 of 2025 pending in the court of learned Sessions Judge-cum- Judge (Special Court), Sambalpur	Sections 20(b)(ii)(c) NDPS Act.	of

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Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: Orissa High Court C uttack Date: 12-May-2026 13:03:43

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This matter is taken up through hybrid arrangement.

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Heard learned counsel for the Parties.

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The Petitioners being in custody in Sambalpur GRPS P.S. Case No. 103 of 2025 corresponding to T.R. Case No.94 of 2025 pending in the court of learned Sessions Judge-cumJudge (Special Court), Sambalpur , registered for the alleged commission of offences under Section 20(b)(ii)(c) of NDPS Act, have filed this petition for their release on bail.

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The brief fact of the case is that on 6.8.2025 at about 14.20 hours the SI, RPF, Sambalpur (informant) received information from ASI, S.K.Mendali of the CPDS Teara-A, Sambalpur Division that during their duty period at Sambalpur Railway Station they had detained two male persons with some suspected contraband articles at Platform No.l. On receiving such information, he immediately intimated the same to his superior authorities and proceeded to the spot along with his staff. On arriving at the spot, he noticed that the detained persons were possessing six bag packs and smell like Ganja was coming from those bags. On being asked, they disclosed their identity as Pankaj Kumar Gupta and Amar Kumar and they admitted that their bags contained with Ganja. Thereafter, the informant observed necessary formalities of search and seizure (as per the NDPS Act), opened the bags which were in possession of Pankaj Kumar Gupta i.e. black and purple colour Pithu bag, red and

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Signature Not Verified

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Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: Orissa High Court C uttack Date: 12-May-2026 13:03:43

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yellow colour lining air bag and black colour trolley bag. He also opened the bags which were in possession of Amar Kumar i.e. sky blue bag, red colour trolley bag and brown colour leather air bag. On opening of the bags, he noticed that packets of cannabis wrapped with Khaki colour cello tape were packed in the bags. Thereafter, the recovered Ganja was weighed. The weight of the Ganja recovered from the bags of Amar Kumar was found as 18 Kgs. 250 grams and the weight of the Ganja recovered from the bags of Pankaj Kumar Gupta was found as 16 Kgs. and 755 grams in total 35.005 Kgs. of Ganja]. Hence, this case.

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Learned counsel for the Petitioner submits that the Petitioner had no knowledge regarding transportation of contraband ganja. He further contends that the quantity of ganja seized from the Petitioner is below commercial quantity. He further contends that the alleged contraband ganja has been seized at Platform No.1 of Sambalpur Railway Station. Hence, it cannot be said that the same was in exclusive and conscious possession of the Petitioners. The Petitioners are in custody since 7.08.2025. Hence, he submits that, the prayer of the present Petitioners may be allowed.

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Signature Not Verified

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Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: Orissa High Court C uttack Date: 12-May-2026 13:03:43

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Learned counsel for the State vehemently opposes the prayer for bail stating that the quantity of ganja seized is clearly

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above the commercial quantity prescribed under the Act which bars granting of bail.

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Without going into the merit of the case and based on the facts and circumstances of the case, it is directed that the Petitioners be released on bail in the aforesaid case with some stringent terms and conditions as deemed just and proper by the learned court in seisin over the matter with further conditions that:-

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i. the Petitioners shall furnish bail bond of Rs.50,000/- (Rupees fifty thousand) with one local surety each for the like amount to the satisfaction of the learned trial court.;

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ii. The Petitioners shall appear before the learned court in seisin over the matter on each date of posting of the case;

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iii. The Petitioners shall not indulge themselves in any criminal offence while on bail.

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iv. The Petitioners shall not tamper the evidence of the prosecution evidence in any manner.

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

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The BLAPL is, accordingly, disposed of.

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( Dr. Sanjeeb K Panigrahi)

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Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Judge Designation: P.A. Murmu Reason: Authentication Location: Orissa High Court C uttack Date: 12-May-2026 13:03:43

Pankaj Kumar Gupta v. Union of India (Railway)

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Pankaj Kumar Gupta v. Union of India (Railway)

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