Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.11898 of 2025
Basanta Majhi
… Petitioner
Mr. R.C. Maharana, Advocate -versus- State of Orissa … Opposite Party Mr. M.R. Patra, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL) 13.01.2026
02. 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 Chhendipada PS Case No.56 of 2013 corresponding to Special Case No.32 of 2013 pending in the file of learned Special Court under NDPS Act-cum-Additional Sessions Judge, Angul, for commission of offences punishable U/S.20(b)(ii)(C) of NDPS Act, on the main allegation of possessing 493Kgs 750Grams of Contraband Ganja in his house, along with co-accused persons. 3. Heard, Mr. Ramesh Chandra Maharana, learned counsel for the petitioner and Mr. M.R. Patra, learned Additional Public Prosecutor in the matter and perused the record. 4. After having considered the rival submissions upon perusal of record, it is evident that the FIR has been lodged against the present petitioner and others for possessing commercial quantity of Contraband Ganja and
such FIR was lodged way back in the year 2013, but the petitioner was arrested after 11 years on 31.03.2024. However, the petitioner by relying upon the evidence of independent witnesses has prayed to grant him bail, but the official witness-cum-PW1 has well supported the prosecution allegation against the petitioner. In that view of the matter 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 such a huge quantity of Contraband Ganja to the tune of 493Kgs 750Grams, which is well above the commercial quantity, allegedly from the house 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 and keeping in view the long abscondance of the petitioner in this case, this Court is not inclined to grant bail to the petitioner. 5. Hence, the bail application of the petitioner stands rejected. 6. Accordingly, the BLAPL stands disposed of. In view of the alternative oral prayer as advanced for the petitioner, trial be expedited, if there is no other legal impediment. A copy of this order be immediately transmitted to the learned trial Court for reference. (G. Satapathy)
Judge Subhasmita Designation: Sr.
Stenographer