Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.254 of 2026
Bapi Bagarti … Petitioner Mr. K. Mohanty, Advocate -versus- State of Odisha … Opposite Party Mr. S.C. Pradhan, Addl. PP
CORAM: JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL):16.03.2026
02.
1. This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with EI & EB, Unit-II (ND), Sambalpur PR Case No.340 of 2025-26 corresponding to TR Case No.75 of 2025 pending in the Court of learned Sessions Judge-Cum-Judge, Special Court, Sambalpur, for commission of offence punishable U/S.20(b)(ii)(C) of the NDPS Act, on the main allegation of transporting 44Kgs of Contraband Ganja in a Maruti Suzuki Vitara Breeza Car bearing Regd. No.OD-02-AK-0699.
2. Heard, Mr. Kaustuva Mohanty, learned counsel for the petitioner and Mr. S.C. Pradhan, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioner, Mr. Mohanty 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.
3. Admittedly, the petitioner was taken into custody since 29.06.2025, but in the meantime, PR has already been submitted, however, the trial is yet to commence and there is no immediate prospect of trial. In the peculiar
facts and circumstances, especially when no criminal
antecedent of similar nature has been reported against the petitioner, the petitioner would be considered to have satisfied the conditions of Section 37 of NDPS, if he is not having any criminal antecedent of similar nature for commission of offences under NDPS Act.
4. For the reason stated hereinabove and regard being had to the pre trial detention of the petitioner in custody, this Court without expressing any view on merit admits the petitioner to bail, but subject to verification of his criminal antecedent of similar nature for commission of offence under the NDPS Act.
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) 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 concerned 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. 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 Subhasmita Designation: Sr. Stenographer