IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.12907 of 2025 Yogendar Ram … Petitioner Mr. M.Riaz, Advocate -versus- Union of India … Opposite Party Mr. J.Panda, CGC CORAM:JUSTICE G. SATAPATHY Order No. ORDER(ORAL):24.04.2026 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 DRI F. No. DR/HZU-BRU/ENQ-03 of 2024 corresponding to Special NDPS Case No.18 of 2024 pending in the file of learned Addl. Sessions Judge, Bargarh for commission of offences punishable U/Ss.20(b)(ii)(C)/28/29 of NDPS Act, on the main allegation of transporting 229.650 Kgs of Contraband Ganja in a Bolero Pick-up vehicle bearing Regd. No.OD-04A-1128. 3. In the course of hearing, Mr. Mohammed Riaz, learned counsel for the petitioner submits that although the petitioner has been alleged for transporting commercial quantity of Contraband Ganja, but he has been falsely implicated in this case and trial having not yet been commenced, even after near about two years of the custody of the petitioner, the petitioner may kindly be granted bail at least by extending the principle of parity. 3.1. On the other hand, Mr.Jnanananda Panda, learned CGC, however, strongly opposes the bail application of the petitioner by contending inter alia that the petitioner is not similarly situated with co- accused granted bail because the co-accused was suffering from HIV positive and the petitioner is also involved in Munchingput FIR No. 29 of 2021 for the selfsame offence and he having not satisfied not satisfied the conditions of Sec. 37 of NDPS Act, the bail application of the petitioner may kindly be rejected. 4. After having considered the rival submissions upon perusal of record, there appears allegation against the petitioner for transporting 229.650 Kgs of Contraband Ganja which is coming under commercial quantity, but grant or refusal of bail for commission of offence under NDPS Act involving commercial quantity is regulated by Sec. 37 of NDPS Act which contemplates about satisfaction of the Court for accused to be not guilty of the offence and he is unlikely to commit offence while on bail. In this case, the petitioner is not only forwarded to the Court for commission of offence involving commercial quantity, but also he is allegedly involved in Munchingput Crime No. 29 of 2021 for offences U/Ss. 8(C) read with Sec. 20(b)(ii)(C)/25 of NDPS Act for commercial quantity and thereby, the petitioner has failed to satisfy the conditions of Sec. 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. Besides, co-accused who has been admitted to bail is admittedly suffering from HIV positive, but the same is not in the case of the petitioner. In the aforesaid facts and circumstance and regard being had to the failure of the petitioner to satisfy the conditions of Sec. 37 of NDPS Act, 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. In view of the alternative oral prayer as advanced for the petitioner, trial be expedited, if there is no other legal impediment. A soft copy of the order be immediately communicated to the learned trial Court. (G. Satapathy) Judge kishore