BLAPL/5900/2026 of CHATRAPATI @ CHHATRAPATI DAS Vs STATE OF ODISHA on 1 September 2026

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Gochhapada PS Case No.142 of 2025 corresponding to CT Case No.94 of 2025 pending in the Court of learned Additional District & Sessions Judge-Cum-Special Judge, Phulbani, Dist-Kandhamal, for commission of offence punishable U/S.20(b)(ii)(C) of the NDPS Act, on the main allegation of transporting 60Kgs of Contraband Ganja in a Maruti Suzuki Swift Car bearing Regd. No.OD-15-J-2202.

3. Heard, Mr. Surendra Kumar Biswal, learned counsel for the petitioner and Mr. C. Mohanty, learned Additional Public Prosecutor in the matter and perused the record together with copy of depositions of PWs.1 to 6 as produced. On being queried about the criminal antecedent of the petitioner, Mr. Biswal volunteers to withhold bail to the petitioner, if he is found to have any criminal antecedent for commission of offence under NDPS Act.

4. Admittedly, this is the 2nd bail application of the petitioner, but the petitioner is renewing his prayer for bail after examination of 6 witnesses, but fact remains that despite more than one year custody of the petitioner, the trial is yet to be concluded and only 6 witnesses have been examined, however, there are another 12 charge-sheeted witnesses and therefore, the trial would take some time. In the peculiar facts and circumstances of the case and on consideration of 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 Section 37 of NDPS Act, if he is not having any criminal antecedent for commission of offences under NDPS Act.

5. For the reasons stated hereinabove and taking into account the pre-trial detention of the petitioner in custody since 06.07.2025, this Court without expressing any view on merit admits the petitioner to bail, but subject to verification of his criminal antecedent for commission of offence under NDPS Act.

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 for commission of offences 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

Subhasmita

Digitally Signed Signed by: SUBHASMITA DAS Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 01-Sep-2026 19:10:22 Signature Not Verified