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2026 DAILYLAW 9012 (ORI)

FIROJ PRADHAN v. STATE OF ODISHA

BLAPL/3250/2026 · 2026-05-06

Gourishankar Satapathy

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.3250 of 2026 Firoj Pradhan and another … Petitioners Ms. A.Dash, Advocate -versus- State of Orissa … 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 petitioners for grant of bail in connection with OIC of Excise, Daringbadi PR No. 97 of 2025-26 corresponding to 2(a) CC Case No.52 of 2025 pending in the Court of learned Special Judge-cum-Additional District & Sessions Judge, Baliguda, Kandhamal, 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 an Auto Rickshaw bearing Regd. No.OD-12F-5415 along with co- accused person. 2. Heard, Ms. Ashwariya Dash, learned counsel appearing virtually for the petitioners 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 petitioners, Ms. Dash volunteers to withhold bail to the petitioners, if he/they is/are found to have any criminal antecedents of similar nature for commission of offence under NDPS Act. 3. Admittedly, the petitioners were taken into custody on 20.09.2025, but in the meantime, PR has already been submitted, however, the trial is yet to commence. It is, however, claimed that the petitioners are not having any criminal antecedent. In such view of the matter and taking into account the materials so placed on record and there being no criminal antecedent reported, the petitioners could only be considered to have satisfied the conditions of Sec. 37 of NDPS Act, if he/they is/are 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 petitioners in custody, this Court without expressing any view on merit admits each of the petitioners to bail, but subject to verification of their criminal antecedent for similar nature under the NDPS Act. 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) each 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. 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