Orissa High Court
BLAPL/6656/2026 of NANHE Vs STATE OF ODISHA on 29 August 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.6656 of 2026 CNR No.ODHC010479572026 Nanhe and another … Petitioners Mr. M. Das, Advocate -versus- State of Odisha … Opposite Party Mr. T.K. Acharya, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL):29.08.2026 1 01. 1.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.6656 of 2026
CNR No.ODHC010479572026
Nanhe and another
…
Petitioners
Mr. M. Das, Advocate
-versus-
State of Odisha
…
Opposite Party
Mr. T.K. Acharya, Addl. PP
CORAM: JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL):29.08.2026
01.
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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 petitioners for grant of bail in connection with Kantamal PS Case No.75 of 2026 corresponding to Special Case (NDPS) No.98 of 2026 pending in the Court of learned Additional Sessions Judge-Cum- Special Judge, Kantamal, for commission of offence punishable U/Ss.20(b)(ii)(C)/25/29 of the NDPS Act, on the main allegation of transporting 21Kgs of Contraband Ganja on a Hero HF Deluxe Motorcycle bearing Regd. No.UP-21-CH-2625.
3. Heard, Mr. Mahes Das, learned counsel for the petitioners and Mr. T.K. Acharya, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioners, Mr. Das volunteers to withhold bail to the petitioners, if he/they is/are found to have any criminal antecedent for commission of offence under NDPS Act.
4. Admittedly, the petitioners were taken into custody on 15.03.2026, but in the meantime, charge- sheet has already been submitted, however, the trial is yet to commence and there are 15 charge-sheeted witnesses and, therefore, the trial would take some time. In the peculiar facts and circumstances of this case and on consideration of materials placed on record together with the claim of the petitioners for not having any criminal antecedent of similar nature, the petitioners would be considered to have satisfied the conditions of Section 37 of NDPS Act, if he/they is/are not having any criminal antecedent for commission of offences under NDPS Act.
5. For the reasons stated hereinabove and taking into account the custody 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 antecedent for commission of offence under NDPS Act.
6. Hence, the bail application of the petitioners stands allowed and the petitioners are 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 as advanced for the petitioners, the benefit of this order shall not be extended to the concerned petitioner(s), if he/they is/are 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: 29-Aug-2026 16:32:38 Signature Not Verified