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2025 DAILYLAW 1677 (ORI)

PAPUNA KUMAR DIGAL v. STATE OF ODISHA

BLAPL/13136/2025 · 2026-02-02

Gourishankar Satapathy

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.13136 of 2025 Papuna Kumar Digal … Petitioner Mr. A.P. Bose, Advocate -versus- State of Odisha … Opposite Party Mr. P.Satapathy, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 02.02.2026 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is an application U/S.483 of BNSS by the petitioner for grant of bail in connection with 2(a)CC Case No. 06 of 2025 (NDPS) arising out of OIC Excise Station, Bhanjanagar P.R. No. 150 of 2024-25 pending in the file of learned Addl. Sessions Judge- cum-Special Judge, Bhanjanagar for commission of offences punishable U/S.20(b)(ii)(C) of the NDPS Act, on the main allegation of transporting 55Kgs of Contraband Ganja in a Honda City Car bearing Regd. No.OR-02BG-6800, along with co-accused persons. 3. Heard, Mr. Amit Prasad Bose, learned counsel for the petitioner and Mr. M.K. Mohanty, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioner, Mr. Bose 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. Page 2 of 2 4. Admittedly, the Petitioner has been detained in custody since 10.03.2025 and in the meantime, charge has been framed on 09.10.2025, but till today, no witness has yet been examined. Further, it is claimed that the petitioner is not having any criminal antecedent of similar nature, but co-accused Abakhita Digal @ Abakita Digal standing on similar footing has been granted bail in BLAPL No. 11677 of 2025. In the peculiar facts and circumstances of the case, especially when no witness has been examined till today, even after framing of charge since 09.10.2025, the petitioner would be considered to have satisfied the conditions of Sec.37 of NDPS Act, if he is not having any criminal antecedent of similar nature for commission of offence under NDPS Act. 5. For the reasons stated hereinabove and taking into account the custody period of the petitioner without commencement of real trial, this Court without expressing any view on merits admits the Petitioner to bail. 6. Hence, the bail application of the petitioner stands allowed and he 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 concerned petitioner, if he is found to have any criminal antecedent of similar nature for commission of offences under NDPS Act. 7. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge kishore