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2025 DAILYLAW 82913 (ORI)

SWASTIK RAJPUT v. STATE OF ODISHA

BLAPL/11496/2025 · 2025-12-08

Gourishankar Satapathy

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.11496 of 2025 Swastik Rajput … Petitioner Mr. B.K. Panda, Advocate -versus- State of Odisha … Opposite Party Mr. C. Mohanty, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 08.12.2025 01. 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 Komna PS Case No.274 of 2025 arising out of SA Case No.66 of 2025 pending in the Court of learned District & Sessions Judge-Cum-Special Judge, Nuapada, for commission of offences punishable U/S.20(B)(ii)(B) of NDPS Act, on the main allegation of transporting 14Kgs 900Grams of Contraband Ganja on a Honda Activa Scooty bearing Regd. No.OD-26-S-5821. 3. Heard, Mr. Braja Kishor 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 antecedents of similar nature for commission of offence under NDPS Act. Page 2 of 2 4. After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the accusations sought to be brought against him and regard being had to the pre-trial detention of the petitioner in custody since 08.10.2025 with substantial progress in investigation and the quantity of Contraband Ganja allegedly seized in this case being intermediate quantity and, thereby, the provisions of Section 37 of NDPS Act being not attractable, this Court without expressing any view on merit admits the petitioner to bail, but subject to verification of his criminal antecedent for similar nature. 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.50,000/- (Rupees Fifty Thousand) with one solvent surety 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. 6. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Subhasmita Designation: Sr. Stenographer