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2025 DAILYLAW 385 (ORI)

NILAKANTHA MALLIK v. STATE OF ODISHA

BLAPL/10031/2025 · 2026-01-12

Gourishankar Satapathy

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.10031 of 2025 Nilakantha Mallik … Petitioner Mr. N.R. Sahoo, Advocate -versus- State of Odisha … Opposite Party Mr. P. Satpathy, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 12.01.2026 03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is an application U/S.483 of the BNSS by the petitioner for grant of bail in connection with R. Udayagiri P.S. Case No.29 of 2025 corresponding to G.R. Case No.48 of 2025 pending in the Court of learned Dist. & Sessions Judge-cum-Special Judge, Gajapati, Paralakhemundi for commission of offence punishable U/S. 20(b)(ii)(C)/25/29 of NDPS Act, on the main allegation of transporting 376.400 Kgs of Contraband Ganja in a Bolero bearing Regd. No. OD- 11-U-6966. 3. Heard, Mr. Nihar Ranjan Sahoo, learned counsel for the petitioner and Mr. P. Satpathy, learned Addl. PP in the matter and perused the record. 4. After having considered the rival submissions upon perusal of record, it appears from the seizure list that 376.400Kgs of Contraband Ganja was recovered from a Bolero vehicle bearing Regd. No. OD-11-U-6966 and there is allegation against the petitioner for driving such vehicle at the relevant time of detection of Contraband article. The quantity of Contraband Ganja seized in this case is well above the commercial quantity, but grant or refusal of bail to an accused for commission of offence under NDPS Act involving commercial quantity is governed by Sec.37 of NDPS Act, which prescribes that no person accused of offence under NDPS Act involving commercial quantity shall be released on bail, where the Public Prosecutor opposes such bail application; unless the Court is satisfied that there are reasonable grounds for believing that the accused is not guilty of the offence and he is unlikely to commit offence while on bail. In this case, this Court, on a careful scrutiny of the materials placed on record together with the discussion made hereinabove, does not find the petitioner to have satisfied the conditions of Sec.37 of NDPS Act, which is sine qua non for grant of bail for commission of offence under NDPS Act involving commercial quantity. Hence, the prayer for bail of the petitioner stands rejected. Accordingly, the BLAPL stands disposed of. A soft copy of this order be immediately forwarded to the court in seisin over the matter. (G. Satapathy) Judge S.Sasmal Designation: Jr. Stenographer