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2025 DAILYLAW 3408 (ORI)

SHAIK ZAFAR v. STATE OF ODISHA

BLAPL/13809/2025 · 2026-05-02

Gourishankar Satapathy

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.13809 of 2025 Shaik Zafar … Petitioner Mr. R.C. Maharana, Advocate -versus- State of Orissa … Opposite Party Mr. S.C. Pradhan, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 02.05.2026 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is the 3rd bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with IE Sadar Range Angul PR No.15 of 2025-26 corresponding to CT (NDPS) Case No.09 of 2025 pending in the file of learned Judge Special Court under NDPS Act-cum- Additional Sessions Judge, Angul, for commission of offences punishable U/S.20(b)(ii)(C) of NDPS Act, on the main allegation of possessing 42Kgs 820Grams of Contraband Ganja. 3. At the outset, Mr. Ramesh Chandra Maharana, learned counsel for the petitioner apprises this Court that this is the 3rd bail application of the petitioner, but no bail application of the petitioner is pending before any other forum except this one. Heard, Mr. Ramesh Chandra Maharana, learned counsel for the petitioner and Mr. S.C. Pradhan, learned Additional Public p. 2 Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioner, Mr. Maharana volunteers to withhold bail to the petitioner, if he is found to have any criminal antecedents of similar nature for commission of offence under NDPS Act. 4. Admittedly, the petitioner is renewing his prayer for bail after grant of bail to co-accused Samir Khan in BLAPL No. 12004 of 2025. The Petitioner is, however, inside the custody since 05.05.2025, but in the meantime, PR has already been submitted, however, trial is yet to commence and there is no immediate prospect of trial. Further, it is claimed that the petitioner is not having any criminal antecedent of similar nature. In the peculiar facts and circumstance of the case, especially when there is no immediate prospect of trial, the petitioner would be found considered to have satisfied the conditions of Section 37 of NDPS Act, if he is not having any criminal antecedent of similar nature. 5. For the reason stated hereinabove and taking into account the custody period of the petitioner and grant of bail to co-accused, this Court without expressing any view on merit admits the petitioner to bail, but subject to verification of his criminal antecedent for similar nature. 6. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on p. 3 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 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. 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 Priyajit