Orissa High Court
BLAPL/5570/2026 of FIROZ KHAN Vs STATE OF ODISHA on 1 September 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.5570 of 2026 CNR No. ODHC010412122026 Firoz Khan … Petitioner Mr. S.S. Dash, Advocate -versus- State of Orissa … Opposite Party Mr. P. Satpathy, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL):01.09.2026 02. 1. This is a
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.5570 of 2026
CNR No. ODHC010412122026
Firoz Khan
…
Petitioner
Mr. S.S. Dash, Advocate
-versus-
State of Orissa
…
Opposite Party
Mr. P. Satpathy, Addl. PP
CORAM: JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL):01.09.2026
02.
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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 Cuttack Excise EI & EB Unit-1 PR Case No.575 of 2023-24 corresponding to 2(a) CC Case No. 18 of 2024 pending in the Court of learned Sessions Judge-cum-Special Judge, Cuttack for commission of offence punishable U/S.20(b)(ii)(C) of the NDPS Act, on the main allegation of transporting 69Kgs of Contraband Ganja in a Maruti Suzuki car bearing Regd. No.OR-01-AN-0891.
2. Heard, Mr. Sudhansu Sekhar Dash, learned counsel for the petitioner and Mr. P. Satpathy, learned Additional Public Prosecutor in the matter and perused the record together with the copy of depositions of PW.1. On being queried about the criminal antecedent of the petitioner, Mr. Dash 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 06.02.2024, but the trial is yet to be concluded, even after more than two and half years of the custody of the petitioner and only one witnesses has been examined. It is not known as to when the trial would be concluded. 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.
4. 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.
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 of similar nature 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 Jayakrushna Digitally Signed Signed by: JAYAKRUSHNA DASH Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 01-Sep-2026 19:11:36 Signature Not Verified