Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.13682 of 2025
Rinku Sahu @ Rabindra Sahu … Petitioner
Mr. A. Tripathy, Advocate -versus- State of Orissa … Opposite Party Mr. C. Mohanty, Addl. PP
CORAM: JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL):12.03.2026
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 Manamunda PS Case No.140 of 2025 corresponding to SC(NDPS) Case No.96 of 2025 pending in the file of learned Addl. Sessions Judge-cum-Special Judge, Kantamal for commission of offences punishable U/Ss.20(b)(ii)(C)/29 of the NDPS Act, on the main allegation of escorting the truck bearing Regd. No.DD-01-C-9526 carrying 140 Kgs. of Contraband Ganja by a Hyundai Creta Car.
3. Heard, Mr. Amitav Tripathy, learned counsel for the petitioner and Mr. C. Mohanty, learned Addl. PP in the matter and perused the record including the copy of deposition of Pws.1-3. On being queried about the criminal antecedent of the petitioner, Mr. Tripathy 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.
4. After having considered the rival submission upon perusal of record, there appears allegation against the
petitioner for escorting one truck carrying commercial quantity of contraband ganja, but the petitioner was neither apprehended from the spot nor was found in conscious possession of the contraband article at the time of his apprehension. Further, his implication is only on the basis of statement of co-accused before the police. It is, however, claimed that the petitioner is not having any criminal antecedent of similar nature. In the aforesaid
facts and circumstances and taking into account the mode and manner of implication of the present petitioner and absence of any criminal antecedent against him, 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 reason stated hereinabove and taking into account the pre-trial detention of the petitioner in custody, this Court without expressing any view on merit admits the petitioner to bail.
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) 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.
The aforesaid
order is, however, subject to verification of the criminal antecedent of similar nature 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 the Court.
6. Accordingly, the BLAPL stands disposed of.
7. 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