p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK Lallan Khan (In BLAPL No.13958 of 2025) Debendra Nayak and another (In BLAPL No.315 of 2026) … Petitioners Mr. R.K. Das, Advocate (In BLAPL No. 13958 of 2025) Mr. P.K. Mishra, Advocate (In BLAPL No. 315 of 2026) -versus- State of Odisha … Opposite Party Mr. P. Satpathy, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 05.02.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Since these two 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 TR Case No. 77 of 2025 arising out of Gunupur PS Case No.257 of 2025 pending in the file of learned Addl. Sessions Judge-cum-Special Judge, Gunupur for commission of offences punishable U/Ss. 20(b)(ii)(C)/29 of the NDPS Act, on the main allegation of transporting total 47Kgs of Contraband Ganja on a Motor Cycle. 4. In the course of hearing, Mr. Rakesh Kumar Dash, learned counsel for the Petitioner in BLAPL No. 13958 of p. 2 2025 submits that he was never apprehended from the spot, but his implication is on the basis of statement of co- accused and, therefore, the Petitioner may kindly be granted bail. 4.1. Similarly, Mr. Prasanna Kumar Mishra, learned counsel for the Petitioners in BLAPL No. 315 of 2026 submits that although the allegation has been brought against these Petitioners for transporting commercial quantity of Contraband Ganja, but the Petitioners having no criminal antecedent and detained in custody for a substantial period, may kindly be granted bail. 4.2. On the other hand, Mr. P. Satpathy, learned Addl. Public Prosecutor prays to reject the bail applications of the Petitioners by relying upon the provision of Sec. 37 of NDPS Act. 5. After having considered the rival submissions upon perusal of record, there appears allegation against the Petitioners for transporting 47Kgs of Contraband Ganja, which is well above the commercial quantity, but grant or refusal of bail 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, no doubt, it is advanced for the Petitioner Lallan Khan to have been p. 3 implicated in this case on the statement of co-accused, but since the investigation is going on, it is too early to say the implication of the Petitioners only on the statement of the co-accused. In the aforesaid backdrops and on consideration of materials placed on record, this Court hardly finds the Petitioners 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. 6. Hence, these two bail applications of the petitioners stand rejected. Accordingly, these BLAPL Nos.13958 of 2025 and 58 of 2026 stand disposed of. A soft copy of this order be immediately transmitted to the learned trial Court. (G. Satapathy) Judge Priyajit