Research › Search › Judgment

High Court of Orissa · body

1917 DAILYLAW 2 (ORI)

SUBHAKANTA JAGADALA v. STATE OF ODISHA

BLAPL/1917/2026 · 2026-07-13

Gourishankar Satapathy

body1917

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1917 of 2026 Subhakanta Jagadala … Petitioner Mr. N. Panda, Advocate -versus- State of Orissa … Opposite Party Mr. C. Mohanty, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL):13.07.2026 03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with OIC, Excise Station Boudh PR Case No.91 of 2025-26 corresponding to 2(a) CC Case No.36 of 2025(NDPS Act) pending in the Court of learned Sessions Judge-cum- Special Judge, Boudh for commission of offence punishable U/Ss.20(b)(ii)(C) of the NDPS Act, on the main allegation of transporting 30Kgs of Contraband Ganja in a car bearing Regd. No.OD-27-9193. 2. Heard, Mr. Niranjan Panda, learned counsel for the petitioner and Mr. C. Mohanty, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioner, Mr. Panda volunteers to withhold bail to the petitioner, if he is found to have any criminal antecedent of similar nature for commission of offence under NDPS Act. 3. Admittedly, the petitioner was taken into custody on 26.08.2025, but in the meantime, PR has already been submitted and the trial has commenced, but the same is yet to be concluded. It is, however, claimed that the petitioner is not having any criminal antecedent of similar nature. Further, the vehicle in question stands in the name of Rabindra Ranabida as per the affidavit filed under Annexure-5 and the said vehicle was stated to have been purchased by the wife of the petitioner. In the aforesaid facts and circumstances and taking into account the materials so placed on record and keeping in view the claim of the petitioner for not having any criminal antecedent of similar nature under NDPS Act, the petitioner would be considered to have satisfied the conditions of Sec.37 of NDPS Act, if he has no criminal antecedent for offence under NDPS Act. 4. For the reasons stated hereinabove and regard being had to the pre trial detention of the petitioner in custody, 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.1,00,000/- (Rupees One Lakh) with two solvent sureties each 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 having any criminal antecedent of similar nature for commission of offence under NDPS Act. 6. Accordingly, the BLAPL stands disposed of. 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