Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
Kanha Nayak (In BLAPL No.12022 of 2025) Aswathama Nayak
(In BLAPL No.12023 of 2025) Sourav Pradhan (In BLAPL No.12872 of 2025) Supriya Digal (In BLAPL No.13542 of 2025) … Petitioners
Mr. J. Behera, Advocate
(in BLAPL Nos.12022, 12023 of 2025)
Mr. K.C. Tripathy, Advocate
(in BLAPL No.12872 & 13542 of 2025)
-versus- State of Orissa … Opposite Party Mr. M.R. Pradhan, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL) 27.01.2026
02.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. Since these four bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties.
3. These four applications U/S.483 of BNSS by the petitioners for grant of bail in connection with PR Case No.159 of 2025-26 corresponding to 2(a) CC Case No.50 of 2025 pending in the Court of learned Spl. Judge Cum Addl. District & Sessions Judge, Balliguda, Kandhamal for commission of offences punishable U/Ss.20(b)(ii)(C) of the NDPS Act, on the main p. 2 allegation of jointly transporting 80Kgs of Contraband Ganja.
4. In the course of hearing, Mr. Jayadeba Behera
learned counsel for the petitioners in BLAPL Nos12022 & 12023 of 2025 submits that nothing was recovered from the exclusive possession of the petitioner-Kanha Nayak and all the petitioners have been falsely implicated in this case and the contraband article seized separately from three vehicles have been jointly shown to bring the contraband article within the purview of commercial quantity and thereby, the petitioners having satisfied the conditions of Sec.37 of NDPS Act, they may kindly be granted bail. Mr. Kartik Chandra Tripathy, learned counsel for the petitioners in BLAPL Nos.12872 & 13542 of 2025 echoing the submission of Mr. Behera prays to grant bail to the petitioners.
4.1 On the other hand, Mr. M.R. Patra learned Addl. PP, however, strongly opposes the bail application of the petitioners and inter-alia submits that since the petitioners were found in conscious possession of contraband articles, their bail applications may kindly be rejected, especially when the PR is yet to be submitted.
5. After having considered the rival submissions upon perusal of record, there appears allegation against the petitioners for jointly transporting commercial quantity of contraband ganja, however, the investigation is going on and the PR is yet to be p. 3 submitted. At this stage, it is very difficult to record satisfaction U/S.37 of NDPS Act, since the investigation is going on. In that view of the matter and the petitioner having not been found to have satisfied the conditions of Sec.37 of NDPS Act, this Court is not inclined to grant bail to the petitioners at this stage.
6. Hence, the bail applications of the petitioners Kanha Nayak in BLAPL No.12022 of 2025; Aswathama Nayak in BLAPL No.12023 of 2025; Sourav Pradhan in BLAPL No.12872 of 2025 & Supriya Digal in BLAPL No.13542 of 2025 stand rejected.
7. Accordingly, the BLAPLs stand disposed of. A soft copy of the order be immediately sent to the learned trial Court.
(G. Satapathy)
Judge
Jayakrushna