Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.9870 of 2025
Rajesh Singh … Petitioner
Mr. S.S.Dash, Advocate -versus- State of Orissa … Opposite Party Mr. M.R.Patra, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL) 29.01.2026
03.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Special Task Force Case No.13 of 2022 corresponding to TR Case No. 217 of 2022 pending in the file of learned 1st Additional Sessions Judge-cum-Special Judge, Bhubaneswar for commission of offence punishable U/S.20(b)(ii)(C) of the NDPS Act, on the main allegation of transporting 1010Kgs of Contraband Ganja in a Truck bearing Regd. No. JH-06-D-4041.
3. Heard Mr.Sudhansu Sekhar Dash, learned counsel for the petitioner and Mr.M.R.Patra, learned Addl. PP in the matter and perused the record.
4. The only ground under which bail is sought for to the present petitioner is his detention in custody since 04.06.2022, but there are material allegations against the petitioner for transporting 1010Kgs of Contraband Ganja which is well above the commercial
quantity. 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 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, on going through the materials placed on record, this Court hardly finds the Petitioner to have satisfied the conditions of Sec. 37 NDPS Act. In that view of the matter and taking into account the materials placed on record and the consequent failure of the petitioner to satisfy the conditions of Sec. 37 of NDPS Act, this Court is not inclined to grant bail to the petitioner.
5. Hence, the bail application of the petitioner stands rejected. Accordingly, the BLAPL stands
disposed of.
In view of the alternative oral prayer as advanced by the learned counsel for the petitioner, trial be expedited, if there is no other legal impediment. A soft copy of this order be immediately transmitted to the learned trial Court.
(G. Satapathy)
Judge
kishore