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2026 DAILYLAW 5283 (ORI)

RAM BABU v. STATE OF ODISHA

BLAPL/535/2026 · 2026-03-10

Gourishankar Satapathy

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.535 of 2026 Ram Babu & Another … Petitioners Mr. M. Nandy, Advocate -versus- State of Odisha … Opposite Party Mr. T.K. Acharya, Addl. PP CORAM:JUSTICE G. SATAPATHY Order No. ORDER(ORAL): 10.03.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is an application U/S.483 of BNSS Act by the petitioners for grant of bail in connection with Paper Metla PS Case No.07 of 2025 in corresponding to Special GR Case No.92 of 2025 pending in the Court of learned Sessions Judge-cum-Special Judge, Malkangiri for commission of offences punishable U/S. 20(b)(ii)(C) of NDPS Act, on the main allegation of transporting 25Kgs of contraband ganja in a Bajaj Pulsar Motor-cycle bearing Regd. No.AP-39-EG- 9524. 3. Heard, Mr. Mangu Nandy, learned counsel for the petitioners and Mr. T.K. Acharya, learned Addl. Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioners, Mr. Nandy volunteers 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. 4. Admittedly, the petitioners are in custody since 16.07.2025, but in the meantime charge-sheet has already been submitted, however the trial is yet to commence and there is no immediate prospect of trial and there are 11 p. 2 charge-sheeted witness and therefore, trial would take some time. It is claimed that the petitioners are not having any criminal antecedent of similar nature. In the peculiar facts and circumstances of the case, especially when there is no immediate prospect of trial, the petitioners would be considered to have satisfied the conditions of Sec.37 of NDPS Act, if they are 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 custody period of the petitioners, this Court without expressing any view on merit admits the petitioners to bail. 5. Hence, the bail application of the petitioners stands allowed and the petitioners are 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 petitioners, the benefit of this order shall not be extended to the concerned petitioner(s), if he/they is/are found to have any criminal antecedent of similar nature for commission of offences under NDPS Act. 6. Accordingly, the BLAPL stands disposed of. 7. 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 Jayakrushna