Orissa High Court
BLAPL/7086/2026 of SANTOSH KUMAR MALLIK Vs STATE OF ODISHA on 28 August 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.7086 of 2026 CNR No. ODHC010504122026 Santosh Kumar Mallik … Petitioner Mr. S. Mishra, Advocate -versus- State of Orissa … Opposite Party Mr. M.R. Patra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 28.08.2026 01. 1.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.7086 of 2026
CNR No. ODHC010504122026
Santosh Kumar Mallik
…
Petitioner
Mr. S. Mishra, Advocate
-versus-
State of Orissa
…
Opposite Party
Mr. M.R. Patra, Addl. PP
CORAM: JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL) 28.08.2026
01.
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. This is an application U/S.483 of BNSS Act by the petitioner for grant of bail in connection with District Mobile Unit PURI PR Case No.71 of 2026-27 corresponding to Spl. GR Case No.76 of 2026 pending in the Court of learned Special Judge, Puri for commission of offences punishable U/S. 21(b) of the NDPS Act, on the main allegation of possessing 140grams of Heroin.
3. Heard, Mr. Sanjit Mishra, learned counsel for the petitioner and Mr. M.R. Patra, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioner, Mr. Sahoo volunteers to withhold bail to the petitioner, if he is found to have any criminal antecedent for commission of offence under NDPS Act.
4. After having considered the rival submissions and ongoing through the material placed on record and regard being had to the pre-trial detention of the Petitioner in custody since 21.05.2026 with framing of charge in the meantime and taking into account the other circumstances on record in entirety including the inherent right of the accused-petitioner to be presumed innocent until proven guilty at the trial and the quantity of Contraband article seized in this case being not beyond the commercial quantity, which does not attract the provision of Sec. 37 of NDPS Act, this Court without expressing any view on merit admits the Petitioner to bail, but subject to verification of his criminal antecedent.
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) 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.
In view of the specific submission as advanced for the petitioner, the benefit of this order shall not be extended to the petitioner, if he is found to have any criminal antecedent for commission of offence under NDPS Act.
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.
(G. Satapathy)
Judge Jayakrushna Digitally Signed Signed by: JAYAKRUSHNA DASH Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 28-Aug-2026 16:56:55 Signature Not Verified