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1913 DAILYLAW 5 (ORI)

JATIN KUMAR BEHERA v. STATE OF ODISHA

BLAPL/1913/2026 · 2026-07-01

Gourishankar Satapathy

body1913

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1913 of 2026 Jatin Kumar Behera … Petitioner Mr. B.K. Pardhi, Advocate -versus- State of Odisha … Opposite Party Mr. R.B. Mishra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) : 01.07.2026 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is an application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Jashipur P.S. Case No. 16 of 2025 corresponding to G.R. Case No. 02 of 2025 pending in the Court of learned Addl. Sessions Judge, Karanjia, for commission of offence punishable U/S. 20(b)(ii)(C) of NDPS Act, on the main allegation of possessing 168.350Kgs of Contraband Ganja. 3. Heard, Mr. Birendra Kumar Pardhi, learned counsel for the petitioner and Mr. R.B. Mishra, learned Addl. PP in the matter and perused the record. 4. The only ground that has been taken by the petitioner for grant of bail to him is his custody period, but the petitioner is in custody since 15.01.2025 and in the meantime, the trial has progressed with examination of some witnesses whose evidence has been produced by the learned counsel for the petitioner. In the aforesaid facts and circumstances and taking into consideration the nature and gravity of the offences vis-à-vis the accusations sought to be brought against him and regard being had to the recovery and seizure of such a huge quantity of Contraband Ganja to the tune of 168.350Kgs, which is well above the commercial quantity allegedly from the possession of the petitioner and his consequent failure to satisfy the conditions of Sec.37 of NDPS Act, which is sine qua non for grant of bail for commission of offence under NDPS Act involving commercial quantity and taking into account the law laid down by the Apex Court in State of Punjab vrs. Sukhwinder Singh @ Gora; 2026 Live Law(SC) 421, this Court is not inclined to grant bail to the petitioner. Hence, the prayer for bail of the petitioner stands rejected. Accordingly, the BLAPL stands disposed of. A soft copy of this order be immediately forwarded to the court in seisin over the matter for reference. (G. Satapathy) Judge S.Sasmal Designation: Jr. Stenographer