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2026 DAILYLAW 8430 (ORI)

AYUSH NAMDEV v. STATE OF ODISHA

BLAPL/3633/2026 · 2026-05-06

Gourishankar Satapathy

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.3633 of 2026 Ayush Namdev … Petitioner Mr. B.B.Routray, Advocate -versus- State of Odisha … Opposite Party Mr. R.B.Mishra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL):06.05.2026 01. 1. This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with SI of Excise District Mobile Unit, Rourkela PR No.385 of 2025-26 corresponding to Special 2(a)CC Case No.21 of 2025 pending in the Court of learned Special Judge, Rourkela, for commission of offence punishable U/S.20(b)(ii)(C) of the NDPS Act, on the main allegation of possessing net quantity of 24Kgs of Contraband Ganja and waiting for the train. 2. Heard, Mr. Bharat Bhusan Routray, 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. Routray 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 on 01.12.2025, but in the meantime, PR has already been submitted and there upon cognizance of offence has already been taken by the Court in seisin over the matter. The trial has not yet commenced, but there is no immediate prospect of conclusion of trial. It is, however, claimed that the petitioner is not having any criminal antecedent of similar nature. In the peculiar facts and circumstances, especially p. 2 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 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, this Court without expressing any view on merit admits the petitioner to bail, but subject to verification of his criminal antecedent for similar nature. 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 kishore