Ashim Kumar Das Vs State of Odisha

This is an application U/S.483 of BNSS Act by the petitioner for grant of bail in connection with Rourkela PR Case No.338 of 2025-26 corresponding to 2(a)CC Case No.19 of 2025 pending in the Court of learned Special Judge, Rourkela, for commission of offences punishable U/S. 20(b) (ii) (C) of the NDPS Act, on the allegation of transporting 20Kgs 580Grams of Contraband Ganja on a Scooty without having registration number.

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Heard, Ms. Diptirekha Nanda, learned proxy counsel appearing on behalf of Mr. Surya Kanta Pradhan, learned counsel for the petitioner and Mr. M.R. Patra, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioner, Ms. Nanda volunteers to withhold bail to the petitioner, if

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he is found to have any criminal antecedent of similar nature for commission of offence under NDPS Act.

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Admittedly, the petitioner is in custody since 10.11.2025 and in the meantime, PR has already been submitted, however, the trial is yet to commence and there is no immediate prospect of trial. Further, it is claimed that the petitioner is not having any criminal antecedent of similar nature. No doubt, the quantity of Contraband Ganja allegedly seized in this case is just little above the commercial quantity, but in the peculiar facts and circumstances of the case, especially when there is no immediate prospect of trial, the petitioner would be considered to have satisfied the conditions of Sec.37 of NDPS Act, if he is not having any criminal antecedent of similar nature for commission of offence under NDPS Act.

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For the reason stated hereinabove and taking into account the custody period of the petitioner, this Court without expressing any view on merit admits the petitioner to bail.

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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) 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, however, subject to verification of the criminal antecedent of similar nature of the petitioner and in case, any criminal antecedent of similar nature is found against the petitioner, the benefit of this order shall not be extended to him without seeking leave of the Court.

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7 Accordingly, the BLAPL stands disposed of. 8. 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.

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(G. Satapathy) Judge

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Jayakrushna

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Signature Not Verified

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Digitally Signed Signed by: JAYAKRUSHNA DASH Reason: Authentication Location: High Court of Orissa, C utta ck Date: 13-Mar-2026 10:40:41

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Ashim Kumar Das v. State of Odisha

Case brief

What is this about?

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Ashim Kumar Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

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