High Court of Orissa bail application under BNSS Act for possession of ganja. Court admits petitioner on bail considering substantial investigation progress and bail as rule principle, disapproved of cash surety requirement.
Petitioner admitted to bail on bonds of Rs.50,000 each with one solvent surety, except cash surety.
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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.8624 of 2026 CNR No. ODHC010642112026
Kawaldhar Rajvar
Petitioner
Mr. S.K. Pattanaik, Advocate
-versus-
State of Odisha
… Opposite Party
Mr. S.C. Pradhan, Addl. PP
Order No.
01.
CORAM: JUSTICE G. SATAPATHY ORDER(ORAL) 10.09.2026
Page 1 of 2
Petitioner in custody since 08.08.2026 with substantial progress in investigation and regard being had to the other circumstances on record in entirety including the well-recognized principle “bail is the rule, but jail is the exception” and the absence of any criminal antecedents against the petitioner for similar offence and the quantity of contraband ganja allegedly 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. 5. 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) each 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 except cash surety as deem fit and proper by it. 6. Accordingly, the BLAPL stands disposed of. 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.
Signature Not Verified
(G. Satapathy)
Digitally Signed Signed by: JAYAKRUSHNA DASH Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 10-Sep-2026 19:59:43
Judge
Jayakrushna
Page 2 of 2
2 issues framed by the court
Whether bail should be granted to the petitioner under the Bharatiya Nagarik Suraksha Sanhita, 2023?
Is the quantity of seized ganja sufficient to attract the provisions of Section 37 of the NDPS Act?
Colour shows how this judgement treated each authority
bail is the rule, but jail is the exceptionApplied¶17
2 provisions across 2 enactments
Kawaldhar Rajvar
State of Odisha
G. Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
