Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 9012 of 2025
Jalandhar @ Jalandhor Mallick … Petitioner
Mr. G. Sahu, Advocate
-versus- State of Odisha … Opposite Party Mr. P. Satpathy, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL) 22.09.2025
01.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Khajuripada P.S. Case No.32 of 2025 corresponding to C.T.(N) Case No.46 of 2025 (NDPS) pending in the file of learned Special Judge, Phulbani, for commission of offences punishable U/Ss.20(b)(ii)(C) of the NDPS Act, on the allegation of possessing 52Kgs 500 Grams of Contraband Ganja by keeping it near a road side jungle.
3. Heard, Mr. Gokulananda Sahu,
learned counsel for the petitioner and Mr. P. Satpathy, learned Addl. PP in the matter and perused the record. Mr. Sahu specifically submits that bail may be withheld to the petitioner in case any criminal antecedents of similar nature is found against him. p. 2
4. Admittedly, the petitioner is in custody since 14.02.2025, however, the charge sheet has already been submitted in the meantime. There are 14 charge sheeted witnesses and, therefore, the trial would take some time. In the peculiar facts and circumstances of the case, especially when there is no immediate prospect of trial, this Court considers that the conditions of Section 37 of NDPS Act may be dispensed with at this stage for the petitioner.
5. For the reasons stated hereinabove and keeping in view the inherent right of the accused to be presumed innocent until proven guilty at the 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 the Petitioner is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) only 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 terms of the specific submission for the petitioner, the aforesaid
order is subject to verification of the criminal antecedent of the petitioner and in case any criminal antecedent of similar nature is found against the petitioner, the benefit of this order shall not be extended to him without seeking leave of this Court. p. 3
7. Accordingly, the BLAPL stands disposed of.
8. Issue urgent certified copy of the order as per Rules.
(G. Satapathy)
Judge
S.Sasmal Designation: Jr. Stenographer