Bhagu Majhi v. State of Odisha
Case at a glance
Provisions considered
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 483
- Narcotic Drugs and Psychotropic Substances Act, 1985 ss. 20(b)(ii)(C), 37
- Constitution of India art. 21
Key paragraphs
- Para 77. Accordingly, the BLAPL stands 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. Priyajit…
Judgment
Mr. P. Satpathy, Addl. PP Order No. 03. CORAM: JUSTICE G. SATAPATHY ORDER(ORAL) 23.02.2026
This matter taken up through Hybrid Arrangement (Virtual/Physical Mode).
This is the bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Jeypore Sadar PS Case No. 19 of 2024 corresponding to TR Case No.05 of 2024 pending in the Court of learned Addl. Sessions Judge-cum-Special Judge Jeypore, District-Koraput for commission of offence punishable U/S.20(b)(ii)(C) of the NDPS Act, on the main allegation of possessing 252Kgs of Contraband Ganja in a Jungle.
Heard, Mr. Amit Prasad Bose, learned counsel for the petitioner and Mr. P. Satpathy, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioner, Mr. Bose volunteers to withhold bail to the petitioner, if he is found to have any criminal antecedent of similar nature for commission of offence under NDPS Act.
Admittedly, the Petitioner is in custody since
13.01.2024, but trial has just commenced with examination of one witness out of eleven shortlisted charge sheeted witnesses, however, the post of Presiding Officer of the learned trial Court is lying vacant since
15.05.2025 after transfer and thereby, the trial stands still. On the other hand, the Petitioner has already completed two years in custody and it is claimed that he is not having any criminal antecedent of similar nature. Further, the Petitioner is a local man, but right to speedy trial of an accused is his fundamental as guaranteed under Article 21 of the Constitution of India. In the sequence of events, especially when there is no immediate prospect of conclusion of trial in near future, 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.
For the reason stated hereinabove and taking into account the pre-trial detention of the petitioner and keeping in view the other circumstances on record in entirety, this Court without expressing any view on merit admits the petitioner to bail, but subject to verification of his criminal antecedent.
Hence, the bail application of the petitioner stands allowed and he is allowed to go on bail 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 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 petitioner, the benefit of this order shall not be extended to the petitioner, if he is found to have any criminal antecedent of similar nature for commission of offence under NDPS Act.
Accordingly, the BLAPL stands 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. Priyajit (G. Satapathy) Judge Signature Not Verified Digitally Signed Signed by: PRIYAJIT SAHOO Reason: Authentication Location: HIGH COURT OF ORISSA Date: 24-Feb-2026 17:20:42
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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