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2026 DAILYLAW 12331 (ORI)

SHYAMA GHANA KASI v. STATE OF ODISHA

BLAPL/1506/2026 · 2026-03-13

Gourishankar Satapathy

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK Ajit Kadam Seth (In BLAPL No. 958 of 2026) Shyama Ghana Kasi (In BLAPL No. 1506 of 2026) Afroz Shah & Another (In BLAPL No. 1632 of 2026) … Petitioners Mr. S.K. Dash, Advocate (In BLAPL No. 958 of 2026) Ms. A. Pandia, Advocate (In BLAPL Nos. 1506 & 1632 of 2026) -versus- State of Odisha … Opposite Party Mr. C. Mohanty, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 13.03.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Since these three bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties. 3. These are bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Ambadola PS Case No.167 of 2025 corresponding to TR Case No. 13 of 2025 pending in the file of learned Additional District & Sessions Judge-Cum-Special Judge, Bissam Cuttack, for commission of offences punishable U/Ss.20(b)(ii)(C) of NDPS Act, on the main allegation of jointly possessing 21Kgs 800Grams of Contraband Ganja. 4. Heard, Mr. Santosh Kumar Dash, learned counsel for the petitioner in BLAPL No. 958 of 2026, Ms. Abhantika Pandia, learned counsel for the petitioners in BLAPL Nos. 1506 & 1632 of 2026 and Mr. C. Mohanty, learned Addl. PP in these matters and perused the record. On being queried about the criminal antecedents of the petitioners, Mr. Dash and Ms. Pandia jointly volunteer to withhold bail to the petitioners, if they are found to have any criminal antecedent of similar nature for commission of offence under NDPS Act. 5. Admittedly, the petitioners are in custody since 05.08.2025, but in the meantime, charge sheet has already been submitted, however, the trial is yet to commence and there are 11 charge sheeted witnesses and, therefore, the trial would take some more time. It is, however, claimed that the petitioners are not having any criminal antecedent of similar nature. In such view of the matter and taking into consideration the materials placed on record, the petitioners would be considered to have satisfied the conditions of Section 37 of NDPS Act, if they are not having any criminal antecedent of similar nature. 6. For the reasons stated hereinabove and taking into account the custodial period of the petitioners, this Court without expressing any view on merit admits each of the petitioners to bail, but subject to verification of their criminal antecedents for similar nature. 7. Hence, these three bail applications of the petitioners namely Ajit Kadam Seth (BLAPL No. 958 of 2026), Shyama Ghana Kasi (BLAPL No. 1506 of 2026) and Afroz Shah & Roshan Higede (BLAPL No. 1632 of 2026) stand allowed and the petitioners are allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) each with two solvent sureties 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 for the petitioners, the benefit of the aforesaid order shall not be extended to the concerned petitioner(s), if he/they is/are found to have criminal antecedent(s) of similar nature for commission of offence under NDPS Act. 8. Accordingly, these BLAPLs stand 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 S.Sasmal