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Judgment
G. Satapathy, J.
These are bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Padampur P.S. Case No. 231 of 2025 corresponding to Special G.R. Case No. 41 of 2025 pending in the file of learned Addl. Sessions Judge, Padampur, for commission of offence punishable U/S.21(c)/25/29 of the NDPS Act r/w. Sec.13 of Drugs and Cosmetics Act and Section 111(2)(b)/3(5) of BNS, on the main allegation of committing organized crime by trying to transport 720 numbers of 100 ml bottles of ONEREX Cough Syrup containing codeine phosphate, 5000 ampoules of Pentazocine Lactate Injection and 12000 numbers of Nitrosun-10 Tablets in a Toyota Camry Car bearing Registration No. OR-05-T-5400.
Heard Mr. Amitav Tripathy, learned counsel for the petitioner in BLAPL No. 6415 of 2026, Mr. Jagabandhu Sahu, learned counsel for the petitioner in BLAPL No. 8185 of 2026 and Mr. T.K. Acharya, learned Addl. PP in these matters and perused the record.
No doubt the learned State Counsel opposes the bail applications of the petitioners for them being involved in similar cases, but the petitioners are in custody since 31.08.2025 and in the meantime, four witnesses have been examined, but out of the four witnesses, two independent seizure witnesses have become hostile. Besides, some of the co-accused persons have been admitted to bail. There are another 14 charge sheeted witnesses still to be examined and, therefore, when the trial would be concluded is still a guess.
In the aforesaid facts and situation and on consideration of materials placed on record together with the evidence of witnesses examined and taking into account the law laid down by the Apex Court in Ankur Chaudhary vs. State of Madhya Pradesh; 2024 SCC OnLine SC 2730, this Court considers that the condition of Sec.37 of NDPS Act may be dispensed with for the petitioners at this stage, especially when the trial is not yet been concluded even after near about one year custody of the petitioners.
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.
Hence, these two bail applications of the petitioners namely Tanmaya Nag (BLAPL No. 6415 of 2026) and Mhamjmad Asiph @ Md. Asif (BLAPL No. 8185 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.
Accordingly, these BLAPLs stand disposed of. Issue urgent certified copy of the order as per Rules. 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.