p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.11305 of 2025 Jugala Nayak … Petitioner Mr. R.K.Mahapatra, Advocate -versus- State of Orissa … Opposite Party Mr. C.Mohanty, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 11.02.2026 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 Phiringia PS Case No.82 of 2025 corresponding to CT(N) Case No.69 of 2025 pending in the file of learned Special Judge, Phulbani for commission of offences punishable U/Ss.20(b)(ii)(C)/ 25/29 of NDPS Act, on the main allegation of transporting of 75Kgs 600Grams of Contraband Ganja in a Scorpio vehicle bearing Regd. No.OD-02-CP-9494. 3. In the course of hearing, Mr. Rajesh Kumar Mahapatra, learned counsel for the petitioner submits that even for a moment taking into consideration the prosecution allegation, the petitioner being the driver has in fact no knowledge of transportation of Contraband Ganja in such vehicle and thereby, the provisions of Sec. 37 of NDPS Act cannot be made attractable to the case at hand, however, the petitioner being an innocent person and having no nexus in transportation of Contraband article and p. 2 charge sheet having already been submitted, he may kindly be granted bail. 3.1. On the other hand, Mr.C.Mohanty, learned Addl. PP by highlighting the provisions of Sec. 37 of NDPS Act and the facts of the case prays to reject the bail application of the petitioner. 4. After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the Petitioner vis-à-vis the accusation sought to be brought against him and regard being had to the recovery and seizure of 75Kgs. 600Grams of Contraband Ganja from the vehicle allegedly in occupation of the petitioner and the manner in which the vehicle was driven as per the charge sheet, this Court hardly finds the petitioner to have satisfied the conditions of Sec. 37 of NDPS Act at this stage, especially when the evidence is yet to be led, but satisfaction of Sec. 37 of NDPS Act being mandatory for grant of bail to an accused for commission of offence under NDPS Act involving commercial quantity, this Court is not inclined to grant bail to the petitioner at this stage. 5. Hence, the bail application of the petitioner stands rejected. Accordingly, the BLAPL stands disposed of. A soft copy of the order be immediately communicated to the learned trial Court. (G. Satapathy) Judge kishore