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Judgment
G. Satapathy, J.
On being prayed, the petitioners in BLAPL No. 6611 of 2026 are, hereby, permitted to rectify the mistake by quoting “20(b)(ii)(C) of NDPS Act” instead of “20(b)(ii)(B) of the NDPS Act” in the cause title of the bail application by filing a consolidated copy of it.
These are bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Koraput GRPS P.S. Case No. 40 of 2025 corresponding to T.R. Case No. 148 of 2025 pending in the file of learned Addl. Sessions Judge-cum-Special Judge, Koraput, for commission of offence punishable U/S.20(b)(ii)(C)/29 of the NDPS Act, on the main allegation of jointly transporting 21Kgs 500Grams of Contraband Ganja in a train.
Heard Mr. Biraja Prasad Nanda, learned counsel for the petitioner in BLAPL No. 6611 of 2026, Mr. Sangram Keshari Rout, learned counsel for the petitioner in BLAPL No. 7358 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, Mr. Nanda & Mr. Rout jointly volunteer to withhold bail to the petitioners, if they are found to have any criminal antecedent of similar nature for commission of offence under NDPS Act.
Admittedly, the petitioners were taken into custody on 23.12.2025/29.12.2025, but in the meantime, charge-sheet 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 of the case 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.
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 similar nature for commission of offence under NDPS Act.
Hence, these two bail applications of the petitioners namely Md. Akbar & Babuli Nihal (BLAPL No. 6611 of 2026) and Bipin Chatriya (BLAPL No. 7358 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) of similar nature for commission of offence under NDPS Act. It is, however, clarified that the acquittal of the accused in a criminal case shall not be considered as his antecedent.
Accordingly, these BLAPLs stand disposed of. Issue urgent certified copy of the order as per Rules. A soft copy of this judgment be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference.