BLAPL/5437/2026 of ANANTA BEHERA Vs STATE OF ODISHA on 7 September 2026

1. This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Nuagaon PS Case No.97 of 2020 corresponding to TR Case No. 65 of 2025 pending in the Court of learned Addl. Sessions Judge, Nayagarh for commission of offences punishable U/Ss.20(b)(ii)(C)/25/29 of the NDPS Act, on the main allegation of attempting to transport 50 Kgs and 200 Grams of Contraband Ganja loaded in a Car bearing Regd. No. OD-02-BH-8856.

2. Heard, Mr. Amulya Ratna Panda, learned counsel for the petitioner and Mr. P. Satpathy, learned Additional Public Prosecutor in the matter and perused the record including copy of deposition of PW1 to PW6. On being queried about the criminal antecedent of the petitioner, Mr. Panda 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, neither the petitioner was apprehended from the spot nor was he found in possession of the Car carrying Contraband article, but the implication of the Petitioner is on the basis of ownership of the Car and recovery of his driving license from such Car. In the meantime, six witnesses have been examined, but none of them have directly implicated the Petitioner for transporting Contraband article. Further, 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 for commission of offence under NDPS Act.

4. For the reason stated hereinabove and taking into account the other circumstances on record in entirety, this Court without expressing any view on merit admits the petitioner to bail, but subject to verification of his criminal antecedent.

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 except cash surety 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 for commission of offence 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 Priyajit Digitally Signed Signed by: PRIYAJIT SAHOO Designation: Sr. Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA Date: 07-Sep-2026 18:43:56 Signature Not Verified