Kiran Kuamr Basod Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2026)

Kiran Kuamr Basod Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2026)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the petitioner satisfies the conditions of Section 37 of the NDPS Act so as to merit grant of bail in his third successive bail application under Section 483 BNSS, given the earlier rejection of 06.01.2026, the absence of any real change in circumstances, and his alleged involvement in a similar NDPS case (Kantamal PS Case No.65 of 2022).

Court's answer

There is no real change in circumstance to consider the petitioner's bail application afresh, the earlier application having been rejected by this Court on 06.01.2026 in BLAPL No.12011 of 2025.

Ratio / Principle

The petitioner has failed to satisfy the conditions of Section 37 of the NDPS Act; his alleged involvement in another case of similar nature (Kantamal PS Case No.65 of 2022) is treated as an interdict against recording satisfaction under Section 37 that the petitioner is unlikely to commit offence while on bail.

Key takeaways

Taking into consideration the nature and gravity of the offences alleged against the petitioner vis-a-vis the accusations sought to be brought against him, and on a cumulative consideration of materials placed on record, this Court, not finding the petitioner to have satisfied the conditions of Section 37 of the NDPS Act, considers it undesirable to grant bail.ratio¶18

Detailed headnote1 paragraphs

Bail - NDPS Act - Section 37 conditions - third successive application under Section 483 BNSS - Kiran Kumar Basod, accused under Sections 20(b)(ii)(C)/29 NDPS Act in Rengali PS Case No.128 of 2025 / CT (Special) Case No.22 of 2025 pending before the Additional Sessions Judge-cum-Special Judge, Jharsuguda, for allegedly assisting a co-accused to transport 79 kg 600 g of contraband ganja in truck MP-19HA-5789 - earlier bail application rejected on 06.01.2026 in BLAPL No.12011 of 2025 - no real change in circumstance to reconsider afresh - petitioner's alleged involvement in a similar case (Kantamal PS Case No.65 of 2022, Section 20(b)(ii)(C) NDPS Act) treated as an interdict against recording Section 37 satisfaction that he is unlikely to commit offence while on bail - nature and gravity of offences and cumulative consideration of record weighed - Court finds Section 37 conditions unsatisfied and holds grant of bail undesirable - bail rejected; BLAPL disposed of (Justice G. Satapathy, order dated 06.03.2026).

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1779 of 2026

Kiran Kumar Basod

Petitioner

Ms. S. Pattanaik, proxy counsel on behalf of Mr. Sk. Zafarulla, Advocate

-versus-

State of Odisha

… Opposite Party

Mr. R.B. Mishra, Addl. PP

CORAM: JUSTICE G. SATAPATHY

Order No.

01.

ORDER(ORAL) 06.03.2026

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

This is the 3^rd successive bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Rengali PS Case No.128 of 2025 corresponding to CT (Special) Case No.22 of 2025 pending in the file of learned Additional Sessions Judge-cum-Special Judge, Jharsuguda, for commission of offences punishable U/Ss.20(b)(ii)(C)/29 of NDPS Act, on the main allegation of assisting co-accused to transport 79Kgs 600Grams of Contraband Ganja in a Truck bearing Regd. No.MP-19HA-5789.

Heard, Ms. Subhasmita Pattanaik, learned proxy counsel appearing on behalf of Mr. Sk. Zafarulla, learned counsel for the petitioner and Mr. R.B. Mishra, learned Additional Public Prosecutor in the matter and perused the record.

After having considered the rival submissions upon perusal of record, there appears allegation against

Page 1 of 2

the petitioner for helping the co-accused to transport commercial quantity of Contraband Ganja, but the bail application of the petitioner was in fact earlier rejected by this Court on 06.01.2026 in BLAPL No.12011 of 2025, however, there is no real change in circumstance to consider the bail application of the petitioner afresh, more particularly when the petitioner has failed to satisfy the conditions of Section 37 of NDPS Act, which is evident from the alleged involvement of the petitioner in another case of similar nature in Kantamal PS Case No.65 of 2022 for commission of offence U/S.20(b)(ii)(C) of NDPS Act, which is in fact considered to be an interdict against recording satisfaction under Section 37 of NDPS Act that the petitioner is unlikely to commit offence while on bail. In such situation and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the accusations sought to be brought against him and on a cumulative consideration of materials placed on record, this Court not finding the petitioner to have satisfied the conditions of Section 37 of NDPS Act, considers it undesirable to grant bail to the petitioner.

Hence, the bail application of the petitioner stands rejected. Accordingly, the BLAPL stands disposed of. A copy of this order be immediately transmitted to the learned Court in seisin over the matter.

Signature Not Verified

Digitally Signed Signed by: SUBHASMITA DAS Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 07-Mar-2026 13:54:16 Subhasmita

(G. Satapathy) Judge

Page 2 of 2