Ashish Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2025)

Ashish Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2025)

What the court decided

AI extract

Outcome

Bail granted to both petitioners 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, on such terms as it deems fit; conditions of Sec.37 NDPS Act dispensed with at this stage; benefit expressly conditional on verification of criminal antecedents; urgent certified copy ordered as per Rules.

Issue for consideration

Whether the petitioners, charged under Sections 20(b)(ii)(C)/25/29 of the NDPS Act for alleged transportation of 28 kg 700 g of contraband ganja, are entitled to bail with the conditions of Section 37 of the NDPS Act dispensed with, in view of custody since 28.02.2025, submission of the chargesheet, the claim that they have no criminal antecedents of similar nature, and the absence of clarification of individual possession quantity among the three occupants.

Court's answer

In the peculiar facts and circumstances of the case, especially the claim that the petitioners have no criminal antecedents of similar nature, the Court considers that the conditions of Section 37 of the NDPS Act may be dispensed with for the petitioners at this stage.

Ratio / Principle

Taking into account the custody period of the petitioners and the unlikelihood of commencement of trial in the near future, the Court admitted the petitioners to bail without expressing any view on merit.

Key takeaways

Whether the petitioners were in conscious possession of the contraband article is a question of fact expressly left to be decided at the trial after evidence is led; no view on merit was expressed while granting bail.obiter¶¶17
The petitioners are allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) only 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 it deems fit and proper.ratio¶¶19

Detailed headnote1 paragraphs

Orissa High Court (G. Satapathy, J.), order dated 03.09.2025 in BLAPL No.2735 of 2025: Bail granted under S.483 BNSS to two petitioners arraigned in Padampur PS Case No.29 of 2025 / TR Case No.26 of 2025 (Addl. Sessions Judge-cum-Special Judge, Gunupur) for offences punishable U/S 20(b)(ii)(C)/25/29 of the NDPS Act over alleged transport of 28 kg 700 g of contraband ganja in a passenger auto (Regd. No.22Q-8307) along with a co-accused. With the chargesheet already submitted, custody running since 28.02.2025, individual quantities among the three vehicle occupants not clarified, and no criminal antecedents of similar nature claimed, the Court dispensed with the conditions of Sec.37 of the NDPS Act 'at this stage', expressly refrained from expressing any view on merit, and admitted the petitioners to bail on bonds of Rs.1,00,000/- with two solvent sureties each for the like amount, making the benefit conditional upon verification that no similar criminal antecedents exist; the question of conscious possession was left for determination at trial.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2735 of 2025

Ashish & Anr.

Petitioners

Mr. S.S. Dash, Advocate

-versus-

State of Orissa

… Opposite Party Mr. R.B. Mishra, Addl. PP

CORAM: JUSTICE G. SATAPATHY

ORDER(ORAL)

Order No.

02.

03.09.2025

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

This is an application U/S.483 of BNSS Act by the petitioners for grant of bail in connection with Padampur PS Case No.29 of 2025 corresponding to TR Case No.26 of 2025 pending in the Court of learned Addl. Sessions Judge-cum-Special Judge, Gunupur for commission of offences punishable U/S. 20(b)(ii)(C)/25/29 of NDPS Act, on the allegation of transporting 28Kgs 700Grams of Contraband Ganja in a passenger auto bearing Regd. No.22Q-8307, along with co-accused person. 3. Heard, Mr. Sudhansu Sekhar Dash learned counsel for the petitioners and Mr. R.B. Mishra, learned Additional Public Prosecutor in the matter and perused the record.

Admittedly, the petitioners have been detained in custody since 28.02.2025 and in the meantime chargesheet has already been submitted. The allegation reveals

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that three persons travelling in an auto were found in possession of 28Kgs and 700Grams of contraband ganja, but whether each of them was possessing any individual quantity of contraband ganja has not been made clear. It is, however, claimed that the petitioners are not having any criminal antecedent of similar nature and they were only mere occupants of the vehicle without having any knowledge about transportation of contraband article. True it is that, whether the petitioners were in conscious possession of contraband article is a question of fact to be decided in the trial after evidence being led, but in the peculiar facts and circumstance of this case, especially when it is claimed that the petitioners are not having any criminal antecedent of similar nature, this Court considers that the conditions of Sec.37 of NDPS Act may be dispensed with for the petitioners at this stage.

For the reason stated hereinabove and taking into account the custody period of the petitioners and there being unlikelihood of commencement of trial in near future, this Court without expressing any view on merit admit the petitioners to bail.

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) only 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.

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The aforesaid order is subject to verification of the criminal antecedent of the Petitioner(s) and in case any criminal antecedent of similar nature is found against any of them, the benefit of this order shall not be extended to such petitioner(s).

Accordingly, the BLAPL stands disposed of. 8. Issue urgent certified copy of the order as per Rules.

(G. Satapathy) Judge

Jayakrushna

Signature Not Verified

Digitally Signed Signed by: JAYAKRUSHNA DASH Reason: Authentication Location: High Court of Orissa, C utta ck Date: 04-Sep-2025 11:41:11

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