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2025 Supreme(Online)(Ori) 4861

ORISSA HIGH COURT
RINA DIGAL – Appellant
Versus
STATE OF ODISHA – Respondent
BLAPL 11330 / 2025



IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.11330 of 2025 Rina Digal Petitioner Mr. A.S.Paul, Advocate -versus-

State of Orissa Opposite Party Mr. M.K.Mohanty, Addl. PP CORAM:

JUSTICE G. SATAPATHY

ORDER(ORAL)

Order No. 01.12.2025

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

2. This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with OIC Excise Khurda Station PR No. 89 of 2025-26 corresponding to TR Case No.77 of 2025 pending in the Court of learned 1st Additional Sessions Judge-cum- Special Judge under NDPS Act, Khurda, for commission of offence punishable U/S.20(b)(ii)(C) of the NDPS Act, on the main allegation of possessing 32Kgs of Contraband Ganja along with co-accused person.

3. Heard, Mr. Amlan Shakti Paul, learned counsel for the petitioner and Mr. M.K.Mohanty, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioner, Mr. Paul volunteers to any criminal antecedent of similar nature for commission of offence under NDPS Act.

4. Admittedly, the petitioner is detained in custody since 13.07.2025 and in the meantime PR has already been submitted, but the trial is yet to commence. Further, the petitioner is a lady. It is claimed that she is not having any criminal antecedent. In the peculiar facts and circumstance of the case, especially when there is no immediate prospect of trial, this Court considers that the conditions of Sec. 37 of NDPS Act may be dispensed with for the petitioner, if she is found to have no criminal antecedent of similar nature for commission of offence under NDPS Act.

5. For the reason stated hereinabove and taking into account the custody period of the petitioner and grant of bail to co-accused Kausalaya Digal in BLAPL No. 10541 of 2025, this Court without expressing any view on merit admits the petitioner to bail, 6. 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) 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.

7. Accordingly, the BLAPL stands disposed of. In view of the specific submission as advanced for the petitioner, the benefit of this order shall not be criminal antecedent of similar nature for commission of offence under NDPS Act.

8. Issue urgent certified copy of the order as per Rules.

(G. Satapathy)

Judge kishore Signature Not Verified Digitally Signed Signed by: SUBHASMITA DAS Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 02-Dec-2025 11:16:54

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