p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.9974 of 2025 Sanjib Kumar Mishra … Petitioner Ms. G. budhapriya, Advocate -versus- State of Odisha … Opposite Party Mr. P. Satpathy, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 29.01.2026 02. 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 Saintala P.S. Case No.315 of 2025 corresponding to Special G.R. Case No.42 of 2025 pending in the Court of learned ADJ, Titlagarh for commission of offence punishable U/Ss. 20(b)(ii)(C)/29 of NDPS Act, on the main allegation of transporting 60Kgs 660Grams of Contraband Ganja in a Honda Amaze car bearing Regd. No. OD-15-S-3151. 3. Heard, Ms. Goutami Budhapriya, learned counsel for the petitioner and Mr. P. Satpathy, learned Addl. PP in the matter and perused the record. 4. On being asked about compliance of Sec.37 of NDPS Act, Ms. Priya submits that since the Contraband article was recovered from the dala of the vehicle which was allegedly driven by the petitioner, he has got no p. 2 knowledge of it and thereby, Sec.37 of NDPS Act would not be attracted against the petitioner for grant of bail to him, but on scrutiny of materials placed on record, it is found that two vehicles were apprehended by the raiding police official and total 100Kgs 400Grams of Contraband Ganja was recovered there from, however, 60Kgs 660Grams of Contraband Ganja was recovered from the vehicle allegedly in occupation of the petitioner, but such quantity of Contraband Ganja being coming under commercial quantity, the petitioner has to satisfy the conditions of Sec.37 of NDPS Act for grant of bail to him, inasmuch as Sec.37 of NDPS Act makes it mandatory for a person accused for commission of offence under NDPS Act involving commercial quantity to satisfy the conditions enumerated therein. It is not in dispute, Sec.37 of NDPS Act 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. Whether the petitioner has got the required knowledge or not of transportation of Contraband Ganja the vehicle driven by him would be considered at the time of trial, but prima facie there are materials to indicate about the petitioner transporting commercial quantity of Contraband Ganja in the vehicle and he, thereby, is hardly found to have satisfied the conditions p. 3 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