Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.5029 of 2026
Lipu Nayak @ Naik … Petitioner
Mr. B.M. Sarangi, Advocate -versus- State of Orissa … Opposite Party Mr. M.R. Patra, Addl. PP
CORAM: JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL):02.07.2026
01.
1. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Special Task PS Case No.09 of 2026 corresponding to CT Special NDPS Case No.11 of 2026 pending in the file of learned Special Court, Dhenkanal for commission of offences punishable U/Ss.25/29/20(b)(ii)(C) of the NDPS Act, on the main allegation of transporting 154Kgs and 380 Grams of Contraband Ganja in a Mahindra XUV 500 FWD vehicle bearing Registration No. OD-05-N-7757.
2. In the course of hearing, Mr. Braja Mohan Sarangi, learned counsel for the Petitioner submits that although the Petitioner was apprehended in this case, but he was never in conscious possession of any Contraband article, rather the driver and other occupants who were transporting any Contraband article have fled away from the spot, but the Petitioner having detained in custody since 25.04.2026 with substantial progress in investigation, may kindly be granted bail.
2.1. On the other hand, Mr. M.R. Patra, learned Addl. PP by taking this Court through the facts of the case submits that since the Petitioner is found to have been p. 2 transporting 154 Kgs and 380 Grams of Contraband Ganja, which is well above the commercial quantity and the Petitioner having not satisfied the conditions of Sec. 37 of NDPS Act, the bail application of the Petitioner may kindly be rejected.
3. 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 accusations sought to be brought against him and regard being had to the recovery and seizure of 154 Kgs and 380 Grams of Contraband Ganja, which is well above the commercial quantity from the vehicle allegedly in occupation of the Petitioner and his consequent failure to satisfy the conditions of Sec. 37 of NDPS Act, this Court is not inclined to grant bail to the Petitioner.
4. Hence, the bail application of the petitioner stands rejected. Accordingly, the BLAPL stands disposed of. A soft copy of this order be immediately transmitted to the learned Court in seisin over the matter.
(G. Satapathy)
Judge
Priyajit