Manish Kumar Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2026)

Manish Kumar Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2026)

What the court decided

AI extract

Outcome

Both petitioners released on bail on furnishing bail bonds of Rs.1,00,000/- each with two solvent sureties for the like amount to the satisfaction of the seized court, conditional on verification showing no criminal antecedents of similar nature under the NDPS Act; benefit withdrawn if such antecedents are later found.

Issue for consideration

Grant of bail to petitioners detained in custody for an offence punishable under S.20(b)(ii)(C) of the NDPS Act, contingent on their satisfying the strict conditions of Section 37 of the NDPS Act through the absence of criminal antecedents of similar nature. +1 more

Court's answer

Provided they have no criminal antecedents of similar nature for offences under the NDPS Act (none reported), the petitioners were deemed to satisfy the conditions of Section 37 of the NDPS Act.

Ratio / Principle

Taking into account custody since 15.06.2025, prior submission of the police report, and the unlikelihood of trial commencing in the near future, the Court found grounds to admit the petitioners to bail.

Key takeaways

Accounting for the pre-trial detention in custody, the Court admitted the petitioners to bail expressly without expressing any view on merit, subject to verification that they have no criminal antecedent of similar nature for offences under the NDPS Act.ratio¶5
In deference to the specific submission advanced for the petitioners, the benefit of the bail order shall not extend to any petitioner who is subsequently found to possess criminal antecedents of similar nature for offences under the NDPS Act.ratio¶unnumbered

Detailed headnote1 paragraphs

BLAPL No.454 of 2026 (HC Orissa at Cuttack) (oral order dated 10.03.2026) (G. Satapathy, J.): Bail application under S.483 BNSS by two accused in custody since 15.06.2025 in respect of PR No.54 of 2025-26 of OIC, Angul-I Excise Station corresponding to pending CT(NDPS) Case No.16 of 2025 (Special Court under NDPS Act-cum-Addl. Sessions Judge, Angul), charged under S.20(b)(ii)(C) NDPS Act allegedly for possessing 30 kg contraband ganja. With the police report submitted and trial not likely to commence in the near future, and no criminal antecedent of similar NDPS nature reported, the accused were held to satisfy the conditions of Section 37 NDPS Act. The Court, without expressing any view on merit, admitted both to bail subject to verification of antecedents, on bail bonds of Rs.1,00,000/- each with two solvent sureties of the like amount; per counsel's undertaking, the benefit of the order does not extend to any petitioner found thereafter to carry criminal antecedents of similar NDPS nature.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.454 of 2026

Manish Kumar & another & Petitioners

-versus-

State of Orissa & Opposite Party

Mr. R.B. Mishra, Addl. PP

CORAM: JUSTICE G. SATAPATHY ORDER(ORAL)

Order No.

01.

10.03.2026

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

This is a bail application U/S.483 of the BNSS by the petitioners for grant of bail in connection with PR No. 54 of 2025-26 dated 15.06.2025 of OIC, Angul-I Excise Station corresponding to CT(NDPS) Case No.16 of 2025 pending in the Court of learned Special Court under NDPS Act-cumAdditional Sessions Judge, Angul, for commission of offence punishable U/S.20(b)(ii)(C) of the NDPS Act, on the main allegation of possessing 30Kgs of Contraband Ganja and waiting for train.

Heard, Mr. Smruti Ranjan Rout, learned counsel for the petitioners and Mr. R.B. Mishra, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioners, Mr. Rout volunteers to withhold bail to the petitioners, if they are found to have any criminal antecedents of similar nature for commission of offence under NDPS Act.

Admittedly, the petitioners are in custody since 15.06.2025, but in the meantime, PR has already been submitted, however, the trial is yet to commence and there

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is unlikelihood of commencement of trial in near future. In the peculiar facts and circumstances, especially when no criminal antecedent of similar nature has been reported against the petitioners, the petitioners would be considered to have satisfied the conditions of Section 37 of NDPS, if they are not having any criminal antecedent of similar nature for commission of offences under NDPS Act.

For the reason stated hereinabove and taking into account the pre trial detention of the petitioners in custody, this Court without expressing any view on merit admits the petitioners to bail, but subject to verification of criminal antecedent of similar nature for commission of offence under the NDPS Act.

Hence, the bail application of the petitioners stand allowed and the petitioners are 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 as advanced for the petitioners, the benefit of this order shall not be extended to the concerned petitioner(s), if he/they is/are found to have any criminal antecedent of similar nature for commission of offences under NDPS Act.

Accordingly, the BLAPL stands disposed of. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the Signature Not Verified Digitally Signed same to the concerned Jail through e-mail for reference.

Digitally Signed Signed by: KISHORE KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 11-Mar-2026 10:27:25

(G. Satapathy) Judge

kishore

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