BLAPL/8557/2026 of SUBHANKAR DIGAL Vs STATE OF ODISHA on 2 September 2026

1. These are bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Inspector of Excise, E.I. & E.B. Unit-II (SD), Berhampur, Ganjam PR No. 27 of 2026-27 corresponding to Special Case No.52 of 2026 (NDPS) pending in the file of learned Sessions

Judge-cum-Special Judge, Ganjam, for commission of offence punishable U/S.20(b)(ii)(C) of the NDPS Act, on the main allegation of jointly transporting 21Kgs of Contraband Ganja in an auto-rickshaw bearing Regd. No.OD-24A-3312.

2. Heard, Ms. Swagatika Panda, learned counsel for the petitioners in BLAPL Nos. 6890 & 7485 of 2026, Mr. Suchit Kumar Nayak, learned counsel appearing virtually for the petitioner in BLAPL No. 8557 of 2026 and Mr. C. Mohanty, learned Addl. PP in these matters and perused the record. On being queried about the criminal antecedents of the petitioners, Ms. Panda and Mr. Nayak jointly volunteer to withhold bail to the petitioners, if they are found to have any criminal antecedent for commission of offence under NDPS Act.

3. Admittedly, the petitioners were taken into custody on 15.04.2026, but in the meantime, PR has already been submitted, however, the trial is yet to commence and, therefore, the trial would definitely take some time. It is, however, claimed that the petitioners are not having any criminal antecedent of similar nature. In view of the aforesaid facts and circumstances and on going through the materials placed on record together with the claim of the petitioners for not having any criminal antecedents, the petitioners would be considered to have satisfied the conditions of Section 37 of NDPS Act, if they are not having any criminal antecedent for commission of offences under NDPS Act.

4. For the reasons stated hereinabove and taking into account the custodial period of the petitioners, this Court without expressing any view on merit, admits each of the petitioners to bail, but subject to verification of their criminal antecedents for commission of offence under NDPS Act.

5. Hence, these three bail applications of the petitioners namely Simanchal Parida (BLAPL No. 6890 of 2026); Simanchal Pradhan (BLAPL No. 7485 of 2026) and Subhankar Digal (BLAPL No. 8557 of 2026) stand allowed and each of the petitioners is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) each with two solvent sureties 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 advanced for the petitioners, the benefit of the aforesaid order shall not be extended to the concerned petitioner(s), if he/they is/are found to have criminal antecedent(s) for commission of offence under NDPS Act.

6. Accordingly, these BLAPLs stand disposed of. Issue urgent certified copy of the order as per Rules. 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

Orissa High Court, Cuttack, Dated the 2nd day of September, 2026/S.Sasmal Digitally Signed Signed by: SUBHASMITA SASMAL Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 03-Sep-2026 17:37:45 Signature Not Verified