Rabi Majhi Vs State of Odisha

F.I.R. No.	Dated	Police Station	Case No. and Courts’ Name	Sections
43	21.03.2025	Mohana	G.R. Case No.51 of 2025 pending in the court of learned Additional Sessions Judge-cum- Special Judge, Paralakhemu ndi	Sections 20(b)(ii)C/29 of the NDPS Act,

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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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Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 13-May-2026 18:10:50

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The Petitioners being in custody in Mohana P.S. Case No.43 of 2025, corresponding to G.R. Case No.51 of 2025 pending in the court of learned Additional Sessions Judge-cum- Special Judge, Paralakhemundi, registered for the alleged commission of offences under Section 20(b)(ii)C/29 of the NDPS Act, have filed this petition for their release on bail.

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The brief fact of the case is that on 23.03.2025 at about 8:58 A.M., the then IIC of Mohana P.S. lodged a written report before the said police station alleging that on 22.03.2025 at about 12:30 P.M. vide G.D. Entry No.06 dated 22.03.2025, he along with Inspector Subhranta Panda, Inspector Aswini Kumar Bhitiria, Inspector Sunil Kumar Behera and three platoons of police force accompanied by Shri Chakradhar Padhi, Tahasildar-cumExecutive Magistrate, Mohana proceeded to village Juba to arrest the accused persons involved in Mohana P.S. Case No.42 of 2025. It is alleged that before the raid, the informant had received confidential information from a reliable source that the accused persons might resort to unlawful activities and attack the police personnel. It is further alleged that the police team reached the village Juba at about 3:30 P.M., on seeing the police vehicles, almost all adult male and female villagers began running towards the hills, carrying jerry cans filled with water. The police team apprehended Sumant Raita and Kastan Majhi, both were

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Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 13-May-2026 18:10:50

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residents of Juba. On being asked about the contents of the jerry bags, they disclosed that those jerry bags contained ganja. The police, thereafter, arranged two independent witnesses to seize the ganja. During the course of interrogation, the apprehended persons disclosed that several villagers of Juba were engaged in the cultivation of cannabis plants and storage of ganja in their houses. Accordingly, the informant seized 46 jerry bags from the two suspects and the doorsteps of certain villagers weighing 1504 kg 700 gram and, 1500 kg 100 grams. They also seized 65 jerry bags from the dump weighing 1825 kg 300 grams and 1818 kg 800 grams. Thus, in total, 111 jerry bags containing ganja weighing 3329 kg and 3318 kg 900 grams were seized. Hence, this case.

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Learned counsel for the Petitioners submits that nothing has been seized from the conscious possession of the present Petitioners. He further contends that the Petitioners have been implicated in this case based on the confessional statement of the co-accused persons. He further contends that the Petitioners are not named in the FIR. He further submits that the Petitioners are in custody since 12.04.2025. Hence, he submits that, the prayer of the present Petitioners may be allowed.

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

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Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 13-May-2026 18:10:50

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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 appear before the local Police Station on every alternate Sunday between 10.00 A.M. to 12.00 P.M. till conclusion of the trial.;

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