SADASIBA JAGADEV @ SADASHIVA JAGDEV v. STATE OF ODISHA
BLAPL/12709/2025 · 2026-04-08
Gourishankar Satapathy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 1902 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 1902 (ORI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
Sadasiba Jagadev @ Sadashiva Jagdev (In BLAPL No.12709 of 2025) Sampad Kumar Das
(In BLAPL No.595 of 2026) Mallick Sahid Ali
(In BLAPL No.1667 of 2026) … Petitioners
Ms. A. Sahoo, Advocate
(in BLAPL No.12709 of 2025) Mr. S. Swain, Advocate (in BLAPL No.595 of 2026)
Mr. P.C. Panda, Advocate
(in BLAPL No.1667 of 2026)
-versus-
State of Odisha … Opposite Party Mr. S.C. Pradhan, Addl. PP
CORAM: JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL)08.04.2026
01.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. Since these three bail applications arise out of one and same case record, the same are taken up together for disposal.
3. These three bail applications are U/S.483 BNSS by the petitioners for grant of bail in connection with Maitri Bihar PS Case No.264 of 2025 corresponding to TR Case No.348 of 2025, pending in the Court of learned District & Sessins Judge, Khurda, At-Bhuabaneswar, for commission of offences punishable U/S. 21(b)/29 NDPS Act, on the main allegation of possessing 257grams of Brown Sugar, along with co-accused persons.
4. Heard, Ms. Arati Sahoo, learned counsel for the petitioner in BLAPL No.12709 of 2025; Mr. Soubhagya Swain, learned counsel for the petitioner in BLAPL No.595 of 2026; Mr. Pravas Chandra Panda, learned counsel for the petitioner appearing virtually in BLAPL No.1667 of 2026 and Mr. S.C. Pradhan, learned Addl. PP in these matters and perused the record.
5. After having considered the rival submissions upon perusal of record, there appears allegation against the petitioners for possessing 257grams of Brown Sugar, which is well above the commercial quantity. Grant or refusal of bail for commission of offence under NDPS Act involving commercial quantity is governed by Sec.37 of NDPS Act, which prescribes that no person accused of offence under NDPS Act involving commercial quantity shall be released on bail; where Public Prosecutor opposes such bail application, unless the Court is satisfied that there exists reasonable grounds for believing that the accused is not guilty of the offence and he is unlikely to commit offence while on bail. In the present case, on a scrutiny of materials placed on record together with the evidence of PW.1 as supplied, this Court hardly finds any of the petitioners to have satisfied the conditions of Sec.37 of NDPS Act which is sine qua non for grant of bail to an accused for commission of offence under NDPS Act involving commercial quantity.
6. Hence these three bail applications of the Petitioners namely Sadasiba Jagadev @ Sadashiva Jagdev in BLAPL No.12709 of 2025; Sampad Kumar Das in BLAPL
No.595 of 2026 and Mallick Sahid Ali in BLAPL No.1667 of 2026 stand rejected. Accordingly, these bail applications stand disposed of.
7. Issue urgent certified copy of the order as per Rules. A copy of the
order be immediately communicated to the learned trial Court.
(G. Satapathy)
Judge
Jayakrushna