Orissa High Court
BLAPL/6871/2026 of GANGADHAR KHILLA Vs STATE OF ODISHA on 2 September 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.6871 of 2026 CNR No. ODHC010484602026 Gangadhar Khilla … Petitioner Mr. S.K. Tripathy, Advocate -versus- State of Orissa … Opposite Party Mr. S.C. Pradhan, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL):02.09.2026 01.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.6871 of 2026
CNR No. ODHC010484602026
Gangadhar Khilla
…
Petitioner
Mr. S.K. Tripathy, Advocate
-versus-
State of Orissa
…
Opposite Party
Mr. S.C. Pradhan, Addl. PP
CORAM: JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL):02.09.2026
01.
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1. This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Balimela Excise Station PR No.244 of 2025-2026 corresponding to Special 2(a) CC Case No. 19 of 2026 pending in the Court of learned Sessions Judge-Cum-Special Judge, Malkangiri for commission of offence punishable U/S.20(b)(ii)(C) of the NDPS Act, on the main allegation of possessing 32Kgs of Contraband Ganja by carrying on head.
2. Heard, Mr. Soumya Kanta Tripathy, learned counsel for the petitioner and Mr. S.C. Pradhan, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioner, Mr. Tripathy 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 29.03.2026, but in the meantime, PR has already been submitted, however, the trial is yet to commence. 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 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: SUBHASMITA SASMAL Designation: Sr. Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA Date: 02-Sep-2026 20:01:22 Signature Not Verified