Research › Search › Judgment

High Court of Orissa · body

2025 DAILYLAW 2733 (ORI)

SANJIB KUMAR SETHI @ MUNA v. STATE OF ODISHA

BLAPL/12421/2025 · 2026-03-23

Gourishankar Satapathy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.12421 of 2025 Sanjib Kumar Sethi @ Muna and another … Petitioners Mr. S.K. Behera, Advocate -versus- State of Odisha … Opposite Party Mr. C. Mohanty, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL):23.03.2026 03. 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 petitioners for grant of bail in connection with Khandagiri PS Case No.546 of 2024 corresponding to TR Case No.453 of 2024 pending in the file of learned 2nd Additional Sessions Judge-cum-Special Judge, Bhubaneswar, for commission of offences punishable U/S.20(b)(ii)(C) of NDPS Act, on the main allegation of transporting 101Kgs of Contraband Ganja in a TATA ACE vehicle bearing Regd. No.OD-02-CA-4339. 3. Heard, Mr. Santanu Kumar Behera, learned counsel for the petitioners and Mr. C. Mohanty, learned Additional Public Prosecutor in the matter and perused the record including the copy of depositions of PWs.1 and 2. 4. After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioners vis-à-vis p. 2 the allegation sought to be brought against them and regard being had to the recovery and seizure of 101Kgs of Contraband Ganja, which is well above the commercial quantity from the vehicle allegedly in occupation of the petitioners and keeping in view the evidence of witnesses so far examined and the petitioners having not been able 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 any of the petitioners. 5. Hence, the bail application of the petitioners’ 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 Designation: Sr. Stenographer