IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1273 of 2026 Kusa Naik @ Kusha Kanhar … Petitioner Ms. D.R. Nanda, Advocate -versus- State of Odisha … Opposite Party Mr. T.K. Acharya, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL)19.03.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Boudh PS Case No. 234 of 2020 corresponding to Special Case No.23/2022(NDPS)/42(A)/2020 NDPS pending in the Court of learned Addl. Sessions Judge-cum-Special Judge, Boudh for commission of offences punishable U/Ss. 20(b)(ii)(C) of the NDPS Act, on the main allegation of possessing 80Kgs and 200 Grams of Contraband Ganja. 3. Heard, Ms. D.R. Nanda, learned counsel for the Petitioner and Mr. T.K. Acharya, learned Addl. Public Prosecutor in the matter and perused the record. 4. It is found from the record that the Petitioner was taken into custody on 18.10.2024 on the strength of NBWA, however, the Petitioner is also having a criminal antecedent of similar nature in Boudh PS Case No. 301 of 2021. It is also not out of place to mention here that since the petitioner remained elusive to the Court, NBWA was issued against him and the learned trial Court was constrained to split up the case record against him on 08.06.2022 for providing speedy trial to co-accused persons, however, the trial qua of the co-accused unnecessarily suffered delay. Grant or refusal of bail for offences under NDPS Act involving commercial quantity is governed by Sec. 37 of NDPS Act and Sec. 37(1)(b)(ii) prescribes that unless there are reasonable grounds to believe that the accused is not guilty of the offence and he is unlikely to commit offence while on bail, he shall not be released on bail. In Union of India Vrs. Ajay Kumar Singh @ Pappu; (2023) SCC Online SC 346, the Apex Court while setting aside the impugned order granting bail to the accused therein has taken into consideration the abscondance of the Petitioner for one year as well as want of satisfaction of conditions of Sec. 37 of NDPS Act. On a careful scrutiny of the materials placed on record, this Court does not find the Petitioner to have satisfied the conditions of Sec. 37 of NDPS Act. Hence, the bail application of the petitioner stands rejected. In view of the alternative oral prayer as advanced for the Petitioner, trial be expedited, if there is no other legal impediment. 5. Accordingly, the BLAPL stands disposed of. 6. Issue urgent certified copy of the order as per Rules. A soft copy of this order be immediately communicated to the learned trial Court for compliance. (G. Satapathy) Judge Jayakrushna