Allowed¶20

Sailesh Patel v. State of Odisha

Orissa HC7 Mar 2026BLAPL/448/2026

Case brief

AI extract

What is this about?

BLAPL No.448 of 2026, High Court of Orissa at Cuttack, Justice G. Satapathy, 07.03.2026; bail granted under S.483 BNSS Act to Sailesh Patel charged under S.20(b)(ii)(B) NDPS Act for transporting 2.8 Kgs contraband ganja (PR Case No.185 of 2025-26 / 2(a) CC Case No.18 of 2025-26, Sessions Judge-cum-Special Judge, Sundargarh); intermediate quantity not attracting Section 37 NDPS Act; custody since 28.11.2025; bail bond Rs.50,000 with one solvent surety; bail application allowed without expressing view on merit.

What did the court decide?

Petitioner admitted to bail on furnishing bail bonds of Rs.50,000/- with one solvent surety for the like amount, to the satisfaction of the learned Court in seisin of the case; urgent certified copy of the order directed to be issued and soft copy communicated to the concerned Court/Jail. ¶20

Sailesh Patel Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, charged with transporting an intermediate quantity (2.8 Kgs) of contraband ganja under S.20(b)(ii)(B) NDPS Act and detained since 28.11.2025, should be granted bail through this BLAPL under S.483 BNSS Act.

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Court's answer

The Court decided that bail could be granted because the quantity of contraband ganja seized was an intermediate quantity which does not attract the provisions of Section 37 of the NDPS Act, removing the stricter bail restrictions applicable under that Section.

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Ratio / Principle

In reaching its decision the Court took into account the petitioner's pre-trial detention in custody since 28.11.2025 (with submission of PR in the meantime) together with the other circumstances on record in entirety, including the well-recognized principle stated in the judgment.

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Key takeaways

Without expressing any view on merit, the Court admitted the petitioner to bail, allowing the bail application and directing release on a bail bond of Rs.50,000 with one solvent surety for the like amount to the satisfaction of the court in seisin.ratio¶19

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (G. Satapathy, J.), by oral order dated 07.03.2026 in BLAPL No.448 of 2026, admitted petitioner Sailesh Patel to bail under S.483 BNSS Act in respect of PR Case No.185 of 2025-26 corresponding to 2(a) CC Case No.18 of 2025-26 pending before the learned Sessions Judge-cum-Special Judge, Sundargarh, where he was charged under S.20(b)(ii)(B) NDPS Act on the allegation of transporting 2.8 Kgs of contraband ganja and had remained in custody since 28.11.2025. Since the seized quantity was an intermediate quantity not attracting the provisions of Section 37 of the NDPS Act, the Court, having regard to the detention period, the principle that 'bail is the rule, jail the exception' and the circumstances on record, granted bail without expressing any view on merit, on a bail bond of Rs.50,000 with one solvent surety for the like amount.

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.448 of 2026

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Sailesh Patel

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Petitioner

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Mr. G.R. Das, Advocate

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-versus-

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State of Odisha

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… Opposite Party

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Mr. R.B. Mishra, Addl. PP

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CORAM:

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JUSTICE G. SATAPATHY

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Order No.

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01.

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ORDER(ORAL) 07.03.2026

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This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

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This is an application U/S.483 of BNSS Act by the petitioner for grant of bail in connection with PR Case No.185 of 2025-26 corresponding to 2(a) CC Case No.18 of 2025-26 pending in the Court of learned Sessions Judge-cum-Special Judge, Sundargarh for commission of offences punishable U/S. 20 (b) (ii) (B) of the NDPS Act, on the allegation of transportation 2.8Kgs of Contraband Ganja.

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Heard, Mr. Gyana Ranjan Das, learned counsel for the petitioner and Mr. R.B. Mishra, learned Additional Public Prosecutor in the matter and perused the record.

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After having considered the rival submissions and on going through the material placed on record and regard being had to the pre-trial detention of the

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Petitioner in custody since 28.11.2025 with submission of PR in the meantime and taking into account the other circumstances on record in entirety including the well-recognized principle “bail is the rule, but jail is the exception” and the quantity of contraband ganja seized in this case being for intermediate quantity, which does not attract the provision of Section 37 of NDPS Act, this Court without expressing any view on merit admits the Petitioner to bail.

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Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it.

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Accordingly, the BLAPL stands disposed of. 7. Issue urgent certified copy of the order as per Rules. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference.

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(G. Satapathy) Judge

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Signature Not Verified Jayakrushna

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Digitally Signed Signed by: SUBHASMITA SASMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 08-Mar-2026 11:56:25

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Sailesh Patel v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sailesh Patel v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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