[Cites 4, Cited by 0]
Orissa High Court
Mr. A.R. Panda vs State Of Odisha ... Opposite Party on 10 February, 2026
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
Mohammad Yusuf
(In BLAPL No.02 of 2026)
Sahid Khan
(In BLAPL No.13741 of 2025) ... Petitioners
Mr. A.R. Panda, Advocate
(in both the petitioners)
-versus-
State of Odisha ... Opposite Party
Mr. T.K. Acharya, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
Order No. 10.02.2026
01. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. Since these two bail applications arise out of one
and same case record, the same are taken up together
for disposal.
3. This is the bail application U/S.483 of BNSS by
the petitioner for grant of bail in connection with
Pottangi PS Case No.48 of 2023 corresponding to TR
Case No.47 of 2023 pending in the file of learned
Additional District & Sessions Judge-cum-Special Judge,
Koraput, for commission of offences punishable
U/S.20(b)(ii)(C) of NDPS Act, on the main allegation of
transporting 221Kgs 530Grams of Contraband Ganja in
a Ashok Leyland Truck (6 wheeler) bearing Regd.
No.RJ-14-GK-2520.
3. At the outset, Mr. Amulya Ratna Panda, learned
counsel for the petitioners apprises this Court that the
petitioner Sahid Khan has earlier approached this Court
in BLAPL No.12215 of 2023, but no bail application of
such petitioner is pending before any other forum
except this one. Heard, Mr. Amulya Ratna Panda,
learned counsel for the petitioners and Mr. T.K.
Acharya, learned Additional Public Prosecutor in the
matter and perused the record.
4. The only ground under which the petitioner has
sought for bail is delay in disposal of the case. It is,
however, not disputed that the petitioners are in
custody since 15.04.2023, but the trial is yet to be
concluded even after more than two and half years of
the custody of the petitioners. Besides, co-accused
Mohammad Kasim standing on similar footing has
already been granted bail by this Court in BLAPL
No.10872 of 2025. Further, it is claimed that the
learned counsel for the petitioners that the petitioners
are not having any criminal antecedent. No doubt the
bar has provided U/s.37 of NDPS Act is attracted in this
case since there is allegation against the petitioners for
transporting commercial quantity of contraband ganja,
but delay in disposal of the case is definitely a ground
to dispense with the conditions of Sec.37 of NDPS Act
inasmuch as right to speedy trial is the fundamental
right of an accused as guaranteed under article 21 of
the Constitution of India and each date of custody of
the petitioners militates against the right to speedy trial
as guaranteed under article 21 of Constitution of India
and this Court, therefore, of the considered opinion that
the conditions of Sec.37 of NDPS Act may be dispensed
with for the petitioners at this stage due to delay in
disposal of the case.
5. For the reason stated hereinabove and taking
into account the custody period of the petitioners and
keeping in view the inherent right of the accused to be
presumed innocent until proven guilty at the trial, this
Court without expressing any view on merit admits
each of the petitioners to bail.
6. Hence, the bail applications of the petitioners
namely Mohammad Yusuf in BLAPL No.02 of 2026 &
Sahid Khan in BLAPL No.13741 of 2025 stands allowed
and the petitioners are allowed to go on bail on
furnishing bail bonds of Rs.50,000/- (Rupees Fifty
Thousand) only with one solvent surety 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 with following conditions:-
(i) the petitioners shall not commit any
offence while on bail,
(ii) the petitioners in the course of trial
shall attend the trial Court on each date of
posting without fail unless his attendance
is dispensed with. In case the
Petitioners fail without sufficient
cause to appear in the Court in
accordance with the terms of the bail,
the learned trial Court may proceed
against the Petitioners for offence
U/S.269 of BNS, 2023 in accordance
with law,
(iii) the petitioners shall report attendance
before the jurisdictional Police Station
once in a fortnight preferably on a Sunday
in each month in between 10 A.M. to 12
Noon for six(06) months from the actual
date of release from the custody.
The I.I.C. of Jurisdictional Police Station shall
not detain the petitioners unnecessarily after recording
his attendance beyond the time as stipulated.
7. Accordingly, these two BLAPLs stand 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.
(G. Satapathy)
Judge
Jayakrushna
Location: High Court of Orissa
Date: 11-Feb-2026 16:54:52
