p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.11794 2025 Ayub … Petitioner Ms. S. Sharma, Advocate -versus- State of Orissa … Opposite Party Mr. M.R. Patra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 09.02.2026 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 PS Case No.18 of 2022 corresponding to Special Case No.305 of 2024 pending in the file of learned Special Judge-cum-PO, Designated Court under OPID Act, Balasore, for commission of offences punishable U/Ss.21(c)/29 of NDPS Act, on the allegation of possessing and supplying 1380Grams of Brown Sugar to co-accused persons. 3. In the course of hearing, Ms. Sushma Sharma, learned counsel for the petitioner submits that this is the 2nd bail application of the petitioner, but the petitioner is renewing his prayer for bail after examination of two witnesses namely Chittaranjan Panda and Chandan Kumar Das, however, such witnesses having been examined in the trial have become hostile and, thereby, the petitioner having satisfied the conditions of Section 37 of NDPS Act, may kindly be granted bail. Page 2 of 3 3.1. On the other hand, Mr. M.R. Patra, learned Addl. Public Prosecutor by highlighting the criminal antecedent of the petitioner in Sahadevkhunta (Balasore) PS Case No.352 of 2022 for commission of offences punishable U/Ss.21(c)/29 of NDPS Act for 10Kgs of Brown Sugar, submits that the petitioner has not at all satisfied the conditions of Section 37 of NDPS Act and, thereby, he is not entitled to be released on bail. Accordingly, Mr. Patra prays to reject the bail application of the petitioner. 4. After having considered rival submissions upon perusal of record, there appears allegation against the petitioner for possessing 1.380Kgs of Brown Sugar, but the plea as advanced by the petitioner is that since the witnesses have turned hostile, the petitioner is entitled to bail, however, law is fairly well settled that detail analysis of evidence and meticulous examination of documents on merit should be avoided at the time of consideration of bail. Grant or refusal of bail for commission of offence under NDPS Act involving commercial quantity is governed by Section 37 of NDPS Act, which prescribes that no person accused of an offence under NDPS Act involving commercial quantity shall be released on bail, where the public prosecutor opposes such bail application of the accused; unless the Court is satisfied that there are reasonable grounds for believing that the accused is not guilty of such offence and he is not likely to commit any offence while on bail. A simple perusal of the aforesaid conditions as enumerated under Section 37 of NDPS Act is crystal clear that one of the conditions is unlikelihood of accused committing any offence while on bail, but it p. 3 cannot be disputed about the involvement of the petitioner in Sahadevkhunta (Balasore) PS Case No.352 of 2022 for the self-same offence, however, the same petitioner is found involved in present case during the currency of his bail in the earlier case. In such situation, this Court considers that the petitioner has not satisfied the conditions of Section 37 of NDPS Act. 5. In view of the above facts and after having considered the rival submissions and on going through the materials placed on record together with the failure of the petitioner to satisfy the conditions of Section 37 of NDPS Act and taking into account the law laid down by the Apex Court in Union of India Vrs. Ajay Kumar Singh @ Pappu; (2023) SCC OnLine SC 346, this Court is not inclined to grant bail to the petitioner. 6. Hence, the bail application of the petitioner stands rejected. As an abundant precaution, any observation made by this Court in this bail application shall not be borne by the learned trial Court while deciding the case on merit. 7. Accordingly, the BLAPL stands disposed of. A copy of this order be immediately transmitted to the learned Court in seisin over the matter for reference. (G. Satapathy) Judge Subhasmita Designation: Sr. Stenographer