Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.804 of 2026
Sk. Shamsur
… Petitioner
Ms. A. Mishra, Advocate -versus- State of Odisha … Opposite Party Mr. T.K. Acharya, Addl. PP
CORAM: JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL):12.03.2026
01.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with STF PS Case No.24 of 2025 corresponding to TR Case No.710 of 2025 pending in the file of learned District and Sessions Judge-cum-Special Judge, Khurda at Bhubaneswar, for commission of offences punishable U/Ss.21(c)/29 of NDPS Act, on the main allegation of possessing 264Grams of Brown Sugar, along with co- accused persons.
3. Heard, Ms. Amrita Mishra, learned counsel for the petitioner and Mr. T.K. Acharya, learned Additional Public Prosecutor in the matter and perused the record.
4. Bail to the petitioner was in fact sought for on the ground that the petitioner is not found in conscious possession of Contraband article, but the present petitioner has been forwarded to the Court with the aid of Section 29 of NDPS Act, which speaks of conspiracy/abetment, however, the investigation is p. 2 going on and the quantity of Contraband article seized in this case is 264Grams of Brown Sugar, which is above the commercial quantity and, thereby, the petitioner has to satisfy the conditions of Section 37 of NDPS Act, but on a careful scrutiny of materials placed on record together with the fact that the investigation is going on, this Court hardly finds the petitioner to have satisfied the conditions of Section 37 of NDPS Act, which is sine qua non for grant of bail to an accused for commission of an offence under NDPS Act involving commercial quantity.
5. Hence, the bail application of the petitioner stands rejected. Accordingly, the BLAPL stands
disposed of. A copy of this order be immediately transmitted to the learned trial Court for reference.
(G. Satapathy)
Judge
Subhasmita Designation: Sr. Stenographer