Swadhin Haripal v. State of Odisha

Orissa HC1 May 2026BLAPL/2922/2026

Case brief

AI extract

What is this about?

Orissa High Court, Cuttack - BLAPL No.2922 of 2026 (V. Narasingh, J., 01.05.2026): refusal to entertain a second/repeat bail application of an accused in an NDPS matter (Sections 20(b)(ii)(c)/29 NDPS Act; 99 kg 870 g ganja; Binka P.S. Case No.181 of 2025; Special G.R. Case No.67 of 2025, Sonepur), citing the rigors of Section 37(1)(b)(ii) NDPS Act and relying on State of Punjab v. Sukhwinder Singh @ Gora, 2026 SCC Online SC 671. Keywords: NDPS bail, Section 37(1)(b)(ii), commercial quantity ganja, second bail application, Sonepur.

What did the court decide?

This Court is not inclined to entertain the present bail application in view of the rigors of Section 37(1)(b)(ii) of the NDPS Act. ¶¶22

Swadhin Haripal Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2026)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

BLAPL No.2922 of 2026

¶3

Swadhin Haripal

¶4

Petitioner

¶5

Mr. S.M. Alli, Advocate

¶6

-versus-

¶7

State of Odisha

¶8

…. Opposite Party

¶9

Mr. P.K. Ray, AGA

¶10

CORAM: JUSTICE V. NARASINGH ORDER

01.05.2026

Order No.

01.

Heard learned counsel for the Petitioner and learned counsel for the State.

¶15

The Petitioner is an accused in connection with Special G.R Case No.67 of 2025, pending in the Court of learned Sessions Judge-cum-Spl. Judge, Sonepur, arising out of Binka P.S. Case No.181 of 2025, for commission of alleged offences U/s. 20(b)(ii)(c)/29 of NDPS Act.

¶16

Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. Case is pending in any other Court.

¶17

Being aggrieved by the rejection of his application for bail U/s. 483 of the BNSS by the

¶18

Page 1 of 2

¶19

learned Special Juge, Sonepur I/c by order dated 23.10.2025, the present BLAPL has been filed.

¶20

The allegation against the present Petitioner is that he along with the co-accused are involved in the transportation of contraband (ganja) to the tune of 99kg 870 grams.

¶21

This is the second journey of the Petitioner to this Court. Earlier the bail application of the Petitioner was disposed of by order dated 12.02.2026 in BLAPL No.12259 of 2025 as withdrawn. 7. It is submitted by the learned counsel for the Petitioner that he is the first offender and is in custody since 08.09.2025. On a bare perusal of the allegations made, it can be seen that he has been falsely implicated and since he is a local person, no chance of his absconding as well. Hence, he may be enlarged on bail.

¶22

Learned counsel for the State opposes such prayer, inter alia, referring to the provisions contained in 37(1)(b)(ii) of the NDPS Act. 9. This Court perused the statement of the raiding party as well as the materials on record. 10. Considering the same, this Court is not inclined to entertain this application in view of the rigors of Section 37(1)(b)(ii) of NDPS Act and so far as the incarceration is concerned it is trite that same cannot have any universal application bereft of the factual matrix. And in this context reliance can be placed on

¶23

Page 2 of 2

¶24

the dictum of the Apex Court in the case of State of Punjab Vrs. Sukhwinder Singh @ Gora, 2026 SCC Online SC 671 .

¶25

Accordingly, the BLAPL stand disposed of. U.C.C as per rules.

¶26

(V. NARASINGH) Judge

¶27

Soumya

¶28

Signature Not Verified

¶29

Digitally Signed Signed by: SOUMYA RANJAN SAMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 02-May-2026 19:52:01

¶30

Page 3 of 2

Swadhin Haripal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Swadhin Haripal v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Sibaprasad Bindhani Vs State of Odisha

Sagar Swain Vs State of Odisha

Keshaba Khilla @ Kesaba Vs State of Odisha

Alok Baliyarsingh Vs State of Odisha

V. Kumar Vs State of Odisha

Sanjaya Biswal Vs State of Odisha