Research › Search › Judgment

High Court of Orissa · body

2026 DAILYLAW 199 (ORI)

PICHU @ SRIKANTA NAYAK @ NAIK v. STATE OF ODISHA

BLAPL/83/2026 · 2026-02-12

Gourishankar Satapathy

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.83 of 2026 Pichu @ Srikanta Nayak @ Naik … Petitioner Mr. B. Karna, Advocate -versus- State of Orissa … Opposite Party Mr. R.B. Mishra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 12.02.2026 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 Ghantapada PS Case No.58 of 2025 corresponding to Special Case (NDPS) No.102 of 2025 pending in the file of learned Addl. Sessions Judge-cum-Special Judge, Kantamal, Dist-Boudh for commission of offences punishable U/Ss.20(b)(ii)(C)/ 29 of the NDPS Act, on the main allegation of transporting 40Kgs and 260 Grams of Contraband Ganja in a Bajaj Auto bearing Registration No. OD-12-F-8789. 3. Heard, Mr. Bikash Karna, learned counsel for the petitioner and Mr. R.B. Mishra, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioner, Mr. Bikash Karna 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. Admittedly, the petitioner was arrested in this case on 15.11.2025, but the case was detected on 21.04.2025, however, the Petitioner was neither apprehended from the spot nor was he found in conscious possession of Contraband article at the time of his detection. In the meantime, co-accused Uttar Majhi from whom the Contraband article was recovered has already been granted bail by a coordinate Bench of this Court in BLAPL No. 13059 of 2025. In the sequence of event, especially when it is claimed that the petitioner is not having any criminal antecedent of similar nature for commission of offence under NDPS Act and taking into account the mode and manner of implication in this case, 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 and keeping in view the other circumstances on record in entirety, this Court without expressing any view on merit admits the petitioner to bail, but subject to verification of his criminal antecedent. 6. Hence, the bail application of the petitioner stands allowed and he 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 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 offence under NDPS Act. 7. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Priyajit