BLAPL/7049/2026 of MUNA MAJHI Vs STATE OF ODISHA on 9 September 2026

1. On being prayed, the petitioner is permitted to rectify the mistake in the cause-title of the bail application by reflecting PR No.235 in place of PR No.135 and such rectification be allowed by accepting the amended copy of the cause-title to be filed by the learned counsel for the petitioner.

2. This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with OIC of Excise, G. Udayagiri vide PR Case No.235 of 2025-26 corresponding to 2(a) CC Case No. 18 of 2026 pending in the Court of learned Special Judge- cum-ADJ, Baliguda for commission of offence punishable U/S.20(b)(ii)(C) of the NDPS Act, on the main allegation of transporting 25Kgs of Contraband Ganja in a Mahindra XUV 500 Jeep bearing Regd. No.OD-19-J-9918.

3. Heard, Mr. Kuldeep Mohanty, 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. Mohanty 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 was taken into custody on 23.03.2026, but in the meantime PR has already been submitted, however, the trial is yet to commence and therefore, the trial would take some time. Besides, it is claimed that the petitioner is not having any criminal antecedent. In the peculiar facts and circumstance of the case and on going through the materials placed on record together with the claim of the Petitioner for not having any criminal antecedent of similar nature, 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 other circumstances on record in entirety 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.

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) 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. 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 Digitally Signed Signed by: JAYAKRUSHNA DASH Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 09-Sep-2026 19:40:01 Signature Not Verified