Seikh Firoz @ Sonu vs State Of Odisha

G. Satapathy, J.

This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Bareipali PS Case No.195 of 2025 corresponding to TR Case No.138/21 of 2025-2026 pending in the file of learned Sessions Judge-Cum-PO, OPID, Sambalpur, for commission of offences punishable U/Ss.21(C)/29 of NDPS Act, on the main allegation of transporting 5000 bottles of Eskuf cough syrup each measuring 100ml containing codeine phosphate.

Heard, Mr. Surendra Mohanty, learned counsel appearing virtually for the petitioner and Mr. T.K. Acharya, learned Additional Public Prosecutor in the matter and perused the record.

Admittedly, the petitioner was granted bail by this Court in BLAPL No.4656 of 2026, but subject to verification of his criminal antecedent and since the petitioner was found to have been implicated in two criminal cases in Dhanupali PS Case No.39 of 2017 and Dhanupali PS Case No.293 of 2022, he was not extended with the bail by the Court in seisin over the matter and, thereby, he is before this Court again, however, these two cases do not relate to commission of any offence under NDPS Act. Besides, the petitioner is in custody since 14.10.2025 and in the meantime, charge-sheet has already been filed, but the quantity of Contraband article seized in this case is just above the commercial quantity. Additionally, there is no immediate prospect of trial and the petitioner was neither apprehended from the spot nor was he found in conscious possession of any Contraband article, rather he was implicated in this case on the basis of statement of co-accused. In such view of the matter and on going through the materials so placed on record together with the law laid down by the Apex Court in Tofan Singh Vrs. State of Tamil Nadu; (2020) 80 OCR (SC) 641, this Court considers that the petitioner has satisfied the conditions of Section 37 of NDPS Act.

For the reasons stated hereinabove and taking into account the custody period of the petitioner and he being not apprehend from the spot, this Court without expressing any view on merit admits the petitioner to bail.

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.

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.