p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.4862 of 2025 Subash Kanhar … Petitioner Mr. B.R. Tripathy, Advocate -versus- State of Odisha … Opposite Party Mr. C. Mohanty, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 11.09.2025 03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Manamunda PS Case No. 77 of 2023 corresponding to Special Case (NDPS) No.101 of 2023 pending in the Court of learned Addl. Sessions Judge-cum-Special Judge, Kantamal for commission of offences punishable U/Ss. 20(b)(ii)(C)/29 of the NDPS Act, on the main allegation of possessing 18 Quintal and 20 Kgs of Contraband Ganja. 3. Heard, Mr. Biswajit Ranjan Tripathy, learned counsel for the Petitioner and Mr. C. Mohanty, learned Addl. Public Prosecutor in the matter and perused the record. 3.1. The specific submission of Mr. Tripathy is that co- accused who was apprehended from the spot had already been acquitted after facing due trial, but the present Petitioner was subsequently arrested after two years of p. 2 the occurrence and he thereby, having no role may kindly be granted bail. 4. After having considered the rival submissions upon perusal of record, there appears allegation against the Petitioner for possessing such a huge quantity of Contraband Ganja and the motor cycle of the Petitioner was allegedly found from the spot. It is also not disputed that the IO submitted a charge sheet against the Petitioner by showing him as an absconder. In the context, this Court considers it useful to refer to the decision in Union of India Vrs. Ajay Kumar Singh @ Pappu; (2023) SCC Online SC 346, wherein the Apex Court while allowing the appeal of Union of India to set aside the order granting bail to the accused therein has taken note of the abscondance of the Petitioner-accused for one year and the accused therein was also not apprehended from the spot, but he was the owner of the vehicle in which the vehicle was transporting Contraband Ganja in that case. Grant or refusal of bail for offences under NDPS Act involving commercial quantity is governed by Sec. 37 of NDPS Act and no person accused of offence under NDPS Act involving commercial quantity shall be released on bail, unless the Court is satisfied that there are reasonable grounds to believe that the accused is not guilty of the offence and he is unlikely to commit offence while on bail. In view of the aforesaid interdict and taking into consideration the conduct of the Petitioner in avoiding the process of the Court and the materials collected by the prosecution agency, the Petitioner cannot p. 3 be considered to have satisfied the conditions of Sec. 37 of NDPS Act. 5. In view of the aforesaid facts and taking into consideration the law laid down by the Apex Court in Ajay Kumar Singh @ Pappu(supra), this Court is not inclined to grant bail to the Petitioner. Hence, the bail application of the petitioner stands rejected. In view of the alternative oral prayer as advanced, the Petitioner may renew his prayer for bail, if the trial is not concluded within six months hence. 6. Accordingly, the BLAPL stands disposed of. 7. Issue urgent certified copy of the order as per Rules. A copy of this order be immediately transmitted to the concerned Court. (G. Satapathy) Judge Priyajit