Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.10996 of 2025
S. Susanta Dora
… Petitioner
Mr. J. Sahoo, Advocate -versus- State of Odisha … Opposite Party Mr. C. Mohanty, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL) 18.11.2025
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 PR No.01 of 2024-25 corresponding to 2(a)CC Case No.51 of 2024 pending in the file of learned 2nd Additional Sessions Judge, Berhampur, for commission of offences punishable U/S.20(b)(ii)(C) of NDPS Act, on the main allegation of expecting to receive 104Kgs of Contraband Ganja from the co-accused T. Uttam Dora. 3. Heard, Mr. Jyotirmaya Sahoo, 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. Sahoo 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 3
4. After having considered the rival submissions and taking into consideration the nature and gravity of the offence as alleged against the petitioner vis-a-vis the accusations sought to be brought against him and regard being had to the pre trial detention of the petitioner in custody since 05.05.2025 with submission of PR in the meantime and taking into account the mode and manner of implication of the present petitioner in this case on the basis of statement of co- accused and keeping in view the law laid down by the Apex Court in Tofan Singh Vrs. State of Tamil Nadu; (2020) 80 OCR (SC) 641; this Court considers that the petitioner has satisfied the conditions of Section 37 of NDPS Act. 5. For the reason stated hereinabove and taking into account no recovery of Contraband article being made from the present petitioner, this Court without expressing any view on merit admits the petitioner to bail, but subject to verification of his criminal antecedent of similar nature. 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.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. p. 3 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. 8. Issue urgent certified copy of the order as per Rules. (G. Satapathy)
Judge
Subhasmita Designation: Sr. Stenographer