Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.5969 of 2025
Bichitra Patra … Petitioner
Mr. J. Katikia, Advocate
-versus- State of Odisha … Opposite Party Mr. R.B. Mishra, Addl. PP
CORAM: JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL)29.04.2026
05.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. Perused the office note. Accordingly, the date of last order be corrected by reflecting the year “2026” instead of “2025”. Office is accordingly, requested to carry out necessary correction forthwith.
3. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Kantamal PS Case No.111 of 2025 corresponding to SC (NDPS) Case No.107 of 2025 pending in the file of learned Addl. Sessions Judge-cum-Special Judge, Kantamal for commission of offences punishable U/Ss.20(b)(ii)(C)/25 of NDPS Act, on the main allegation of transporting 507Kgs and 800Grams of Contraband Ganja in a pick-up vehicle bearing Regd. No.OD-22-D-7319.
4. In the course of hearing Mr. Janmejaya Katikia,
learned counsel for the petitioner submits that although eight witnesses have been examined, but none of them have substantially supported the prosecution case and rest of the seven material witnesses have already been
declined and, therefore, the provision of Secs.37, 43 & 50 of NDPS Act being diluted and the petitioner having detained in custody for near about one year, he may kindly be granted bail.
4.1 On the other hand Mr. R.B. Mishra, learned Addl. PP, however, strongly opposes the bail application of the petitioner by contending inter-alia that the complainant and the IO are yet to be examined and it is pre-mature to say that the petitioner has satisfied the conditions of Sec.37 of NDPS Act.
5. This Court has the privilege to go through the depositions of PWs.1 to 8 as annexed by the learned counsel for the petitioner. After having considered the rival submissions upon perusal of record, there appears allegation against the petitioner for transporting 507Kgs and 800Grams of Contraband Ganja which is definitely coming under commercial quantity, but grant or refusal of bail is governed by Sec.37 of NDPS Act. In the aforesaid
facts and circumstances and taking into account the recovery and seizure of 507Kgs and 800Grams of Contraband Ganja and principal witnesses like complainant and the IO being not yet been examined, this Court does not consider the petitioner 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, the bail application of the petitioner stands rejected. The petitioner is, however, at liberty to renew his prayer for bail before the learned trial Court, if the trial is not concluded within six months hence.
7. Accordingly, the BLAPL stands disposed of. A soft copy of this order be immediately communicated to the concerned Court.
(G. Satapathy)
Judge
Jayakrushna