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2026 DAILYLAW 4844 (ORI)

PARMESWAR DASH v. STATE OF ODISHA

BLAPL/1274/2026 · 2026-03-19

Gourishankar Satapathy

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1274 of 2026 Parmeswar Dash … Petitioner Mr. S. Das, Advocate -versus- State of Odisha … Opposite Party Mr. T.K. Acharya, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 19.03.2026 01. 1. This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Deogaon PS Case No.288 of 2025 corresponding to Spl. GR Case No.26 of 2025 pending in the Court of learned Sessions Judge-cum-Special Judge, Bolangir, for commission of offence punishable U/S.20(b)(ii)(C) of the NDPS Act, on the main allegation of transporting 30Kgs 820Grams of Contraband Ganja in a Swift Dzire Car bearing Regd. No.OD-03-BY-7689, along with co-accused person. 2. Heard, Mr. Sidhartha Das, learned counsel for the petitioner and Mr. T.K. Acharya, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioner, Mr. Das 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. 3. Admittedly, the petitioner was taken into custody on 05.09.2025, but in the meantime, charge- sheet has already been submitted and the petitioner was in fact granted liberty in BLAPL No.10988 of 2025 to renew his prayer for bail after submission of charge-sheet, however, the trial is yet to commence and there are 27 charge-sheeted witnesses and, therefore, the trial would take some time. Further, it is claimed that the petitioner is not having any criminal antecedent of similar nature. In the peculiar facts and circumstances, especially when no criminal antecedent of similar nature has been reported against the petitioner, he would be considered to have satisfied the conditions of Section 37 of NDPS Act, if he is not having any criminal antecedent of similar nature for commission of offences under NDPS Act. 4. For the reasons stated hereinabove and regard being had to the pre-trial detention of the petitioner in custody and grant of bail to co-accused Prabin Kumar Mahapatra by this Court in BLAPL No. 800 of 2026, this Court without expressing any view on merit admits the petitioner to bail, but subject to verification of his criminal antecedent. 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 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 S.Sasmal Designation: Jr. Stenographer