Rakesh Nayak @ Thuru Vs State of Odisha

F.I.R. No.	Dated	Police Station	Case No. and Courts’ Name	Sections
161	06.03.2026	Kamakhya nagar	C.T. (Spl.) NDPS Case No.03 of 2026 pending in the court of learned Additional Sessions Judge-cum- Judge Special Court, Kamakhyana gar	Sections 21(b) of NDPS Act.

Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 13-May-2026 11:58:34

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The Petitioner being in custody in Kamakhyanagar P.S. Case No.161 of 2026, corresponding to C.T. (Spl.) NDPS Case No.03 of 2026 pending in the court of learned Additional Sessions Judge-cum-Judge Special Court, Kamakhyanagar, registered for the alleged commission of offences under Section 21(b) of NDPS Act, has filed this petition for his release on bail.

The brief fact of the case is that on 05.03.2026 at about 6.40 P.M., while the S.I. of Kamakhyanagar P.S., along with his staff, was on patrolling duty near Kamakhyanagar P.S. area, reliable information was received that the accused was engaged in selling brown sugar at Badadamuktapasi Chhak. Acting on such information, the P.S. staff proceeded to the spot and apprehended the present accused while he, along with one Rakesh Patra, was attempting to flee. On search, brown sugar weighing 60 grams, i.e. 25 grams from accused Rakesh Patra and 35 grams from accused petitioner Rakesh Nayak @ Thuru, was allegedly recovered from their possession. He was arrested and forwarded to the Court for offences punishable under Section 21(b) of the NDPS Act. Hence, this case.

Signature Not Verified

Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 13-May-2026 11:58:34

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Learned counsel for the Petitioner submits that there is absolutely no material available on record remotely suggesting that the alleged contraband brown sugar has been seized from the exclusive and conscious possession of the Petitioner. The Petitioner is in custody since 06.03.2026. Hence, he submits that, the prayer of the present Petitioner may be allowed.

Learned counsel for the State vehemently opposes the prayer for bail stating that the brown sugar seized from the possession of the Petitioner is greater than the small quantity.

Without going into the merit of the case and based on the facts and circumstances of the case, it is directed that the Petitioner 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:-

i. The Petitioner 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.;