IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.11963 of 2025 T.Uttam Dora … Petitioner Mr. B.R.Das, Advocate -versus- State of Orissa … Opposite Party Mr. R.B.Mishra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 16.12.2025 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is the bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Dy. Superintendent of Excise, Chikiti PR No. 01/2024-25 corresponding to 2(a) CC Case No. 51 of 2024(N) pending in the file of learned 2nd Addl. Sessions Judge, Berhampur, for commission of offences punishable U/Ss.20(b)(ii)(C) of NDPS Act, on the main allegation of transporting 104Kgs of Contraband Ganja in an Autorickshaw bearing Regd. No. OD-07-C-5706. 3. In the course of hearing, Mr. Biswa Ranjan Das, learned counsel for the petitioner submits that co- accused Mr. S.Susanta Dora has already been granted bail by this Court in BLAPL No. 10996 of 2025, but the present petitioner is not the owner of the Autorickshaw, rather he being the driver had no knowledge about any Contraband Ganja being transported in such Autorickshaw and thereby he having satisfied the conditions of Sec. 37 of NDPS Act may kindly be granted bail. 3.1. On the other hand, Mr.R.B.Mishra, learned Addl. PP, however, strongly opposes the bail application of the petitioner by contending inter alia that since the petitioner is found in conscious possession of commercial quantity of Contraband Ganja and he having not satisfied the conditions of Sec. 37 of NDPS Act, the bail application of the petitioner may kindly be rejected. 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 allegation sought to be brought against him and regard being had to the seizure of 104Kgs. of Contraband Ganja from the Autorickshaw allegedly in occupation of the petitioner and his consequent failure to satisfy the conditions of Sec. 37 of NDPS Act and co- accused released on bail being not found in possession of any Contraband article cannot be equated with the present petitioner, this Court, therefore, does not consider it proper to grant bail to the petitioner, especially when he has failed to satisfy the conditions of Sec. 37 of NDPS Act. 5. Hence, the bail application of the petitioner stands rejected. Accordingly, the BLAPL stands disposed of. (G. Satapathy) Judge kishore