Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.1915 of 2026
Anil Behera
… Petitioner
Mr. A.K. Sarangi, Advocate -versus- State of Odisha … Opposite Party Mr. R.B. Mishra, Addl. PP
CORAM: JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL):22.04.2026
01.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with District Mobile Squad, Jajpur PR No.251 of 2025-26 corresponding to CT (NDPS) Case No.02 of 2026 pending in the file of learned Special Judge-cum-District and Sessions Judge, Jajpur, for commission of offences punishable U/S.20(b)(ii)(C) of NDPS Act, on the main allegation of transporting 160Kgs of Contraband Ganja in a Mahindra Bolero Pick-up Van bearing Regd. No.OD- 02-CV-3073.
3. In the course of hearing, Mr. Ashok Kumar Sarangi, learned counsel for the petitioner submits that the petitioner being a driver has no knowledge about the article transported in the carrier of the vehicle and he on the direction of the owner was simply transporting such article in the carrier and, thereby, the petitioner having no role in transportation of
Contraband article, his bail application may kindly be allowed.
3.1. On the other hand, Mr. R.B. Mishra, learned Additional Public Prosecutor seriously opposes the bail application of the petitioner by praying to reject the bail application of the petitioner.
4. After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the allegation sought to be brought against him and regard being had to the recovery and seizure of 160Kgs of Contraband Ganja, which is well above the commercial quantity from the vehicle allegedly in occupation of the petitioner and his consequent failure to satisfy the conditions of Section 37 of NDPS Act, which is sine qua non for grant of bail to an accused for commission of an offence under NDPS Act involving commercial quantity, this Court is not inclined to grant bail to the petitioner.
5. Hence, the bail application of the petitioner stands rejected. Accordingly, the BLAPL stands
disposed of. A copy of this order be immediately transmitted to the learned trial Court for reference.
(G. Satapathy)
Judge
Subhasmita