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2025 DAILYLAW 3992 (ORI)

SANTU DAS v. STATE OF ODISHA

BLAPL/13865/2025 · 2026-02-03

Gourishankar Satapathy

Transfer Petitionbody2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK Santu Das (In BLAPL No.13865 of 2025) Bharati Biswas and another (In BLAPL No.11036 of 2025) Hardhan Das (In BLAPL No.13914 of 2025) … Petitioners Mr. S. Mitra, Advocate (in BLAPL Nos.13865 & 13914 of 2025) Mr. B.P. Chhualsingh, Advocate (in BLAPL No.11036 of 2025) -versus- State of Odisha … Opposite Party Mr. P. Satpathy, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 03.02.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Since these three 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 are the bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with OIC of Excise, Balliguda PR No.69 of 2025-26 corresponding to 2(a)CC Case No.32 of 2025 pending in the file of learned Special Judge-Cum-Additional District & Sessions Judge, Balliguda, for commission of offences punishable U/S.20(b)(ii)(C) of NDPS Act, on the main allegation of transporting 60Kgs of Contraband Ganja in a Mahindra Marazzo vehicle bearing Regd. No.OD-03-N-0702. p. 2 4. Heard, Mr. Somanath Mitra, learned counsel for the petitioners in BLAPL Nos.13865 & 13914 of 2025; Mr. Bibhu Prasad Chhualsingh, learned counsel for the petitioner in BLAPL No.11036 of 2025 and Mr. P. Satpathy, learned Additional Public Prosecutor in the matter and perused the record. 5. After having considered the rival submissions and taking into account the nature and gravity of offences as alleged against the petitioners vis-à-vis the allegation sought to be brought against them and regard being had to the recovery and seizure of such quantity of Contraband Ganja to the tune of 60Kgs, which is well above the commercial quantity from the vehicle allegedly in occupation of the petitioners and their consequent failure 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. 6. Hence, these three bail applications of the petitioners namely Santu Das (In BLAPL No.13865 of 2025); Bharati Biswas and Jamunarani Biswas (In BLAPL No.11036 of 2025) and Hardhan Das (In BLAPL No.13914 of 2025) stand rejected. Accordingly, these BLAPLs stand disposed of. A copy of this order be immediately transmitted to the learned trial Court for reference. (G. Satapathy) Judge Subhasmita Designation: Sr. Stenographer