Research › Search › Judgment

High Court of Orissa · body

2026 DAILYLAW 5986 (ORI)

RAM VIJAY PRASAD @ RAM VIJAYA PRASAD v. STATE OF ODISHA

BLAPL/547/2026 · 2026-03-10

Gourishankar Satapathy

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.547 of 2026 Ram Vijay Prasad @ Ram Vijaya Prasad … Petitioner Mr. Sk. Zafarulla, Advocate -versus- State of Orissa … Opposite Party Mr. M.R. Patra, 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 a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Jharsuguda Excise Station PR Case No.174 of 2025-26 corresponding to 2(a) CC Case No.52 of 2025 pending in the file of learned Sessions Judge-cum-Special Judge, Jharsuguda for commission of offences punishable U/Ss.20(b)(ii)(C) of NDPS Act, on the main allegation of possessing 24Kgs of Contraband Ganja and waiting for the train. 3. Heard, Mr. Sk. Zafarulla, learned counsel for the petitioner and Mr. M.R. Patra, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioner, Mr. Zafarulla 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 is in custody since 17.11.2025 and in the meantime, PR has already been submitted, however, the trial is yet to commence and there is no immediate prospect of trial and therefore, the trial would take some time. Further, it is claimed that the petitioner is not having any criminal antecedents of similar nature for commission of offence under NDPS Act. In the peculiar facts and circumstances of the case, especially when there is no immediate prospect of trial, 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 in custody with submission of PR in the meantime, this Court without expressing any view on merit admits the petitioner to bail, but subject to verification of his criminal antecedents. 6. 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) 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. 8. 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