p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 9944 of 2025 Eswar Dhadka …. Petitioners Mr. Rajib Lochan Pattnaik, Adv. -versus- State of Odisha …. Opposite Party Mr. Rajdeep Pradhan, ASC CORAM: DR. JUSTICE SANJEEB K PANIGRAHI Order No. ORDER 25.09.2025 F.I.R No. Dated Police Station Case No. and Courts’ Name Sections 33 11.04.2025 Pottangi T.R. Case No.60 of 2025 pending in the court of learned Additional Sessions Judge-cum- Special Judge, Koraput Section 20(b)(ii)(C) of N.D.P.S. Act. 01. 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the parties. 3. The petitioner, being in custody in connection with Pottangi P.S. Case No.33 of 2025 corresponding to T.R. Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 27-Sep-2025 13:35:57 Signature Not Verified p. 2 Case No.60 of 2025 pending in the court of learned Additional Sessions Judge-cum-Special Judge, Koraput, registered for the alleged commission of offences under Section 20(b)(ii)(C) of NDPS Act, has filed the present petition seeking release on bail. 4. The prosecution case in short is as follows: On 11.04.2025, the S.I of Police, Karunakar Sabar, Pottangi P.S. received reliable information regarding stocking of contraband ganja by one Eswar Dahadaka of village Renu, in order to transport the same to outside Odisha. The complainant along with other police staff proceeded to village- Renu to verify the veracity of the information received by him. They reached at the spot at 10.20 AM and found three numbers of tinsel jery bags stored at the back side of the house of Eswar Dhadka from which acute smell of ganja was coming out. On being asked, he disclosed his identity as Eswar Dhadka (32), S/o- Late Limana Dhadka of village Renu, PS-Pottangi, Dist- Koraput. The Police recovered and seized 64 Kg 850 gram of Ganja after observing all formalities of search and seizure of the N.D.P.S Act. Hence, this case. 5. Learned counsel for the Petitioner submits that the Petitioner had no knowledge regarding transportation of contraband ganja. He further contends that nothing has Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 27-Sep-2025 13:35:57 Signature Not Verified p. 3 been seized from the conscious possession of the present Petitioner. He further submits that the Petitioner is in custody since 11.09.2025. Hence, he submits that, the prayer of the present Petitioner may be allowed. 6. Learned counsel for the State vehemently opposes the prayer for bail stating that the quantity of ganja seized is clearly above the commercial quantity prescribed under the Act which bars granting of bail. 7. Considering the nature and gravity of the accusation, character of evidence appearing against the Petitioner and the stringent punishment provided and also the statutory bar to grant bail under Section 37(1) of the NDPS Act in an offence of this nature without recording the satisfaction that there are reasonable grounds for believing that the petitioner is not guilty of the offence alleged or not likely to commit any such offence, which is not possible to record in this case, the Petitioner’s prayer for bail is devoid of merit. Hence, his prayer for bail stands rejected. 8. Accordingly, the BLAPL is dismissed. (Dr. Sanjeeb K Panigrahi) Judge Murmu Designation: Personal Assistant