p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK Irfan Ahmed (In BLAPL No.1589 of 2026) Md. Abu Talha (In BLAPL No. 2826 of 2026) … Petitioners Mr. B.Swain, Advocate (In BLAPL No. 1589 of 2026) Mr. A.P.Bose, Advocate (In BLAPL No. 2826 of 2026) -versus- State of Odisha … Opposite Party Mr. P.Satapathy, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 24.07.2026 04. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Since these two bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties. 3. These are the bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with I.I.C. of Excise, Dist. Mobile Unit, Puri P.R. No. 280 of 2024-25 corresponding to Spl. T.R. Case No.32/71 of 2025 pending in the file of learned 3rd Addl. Sessions Judge, Puri, for commission of offences punishable U/S. 21(C) of NDPS Act, on the allegation of transporting 378Grams of Brown Sugar p. 2 by keeping the same in a container in the Maruti Suzuki Swift Dzire car bearing Regd. No.OD-14-AD- 4662, along with co-accused person. 4. Heard, Mr. Bisworanjan Swain, learned counsel for the petitioner in BLAPL No. 1589 of 2026, Mr. Amit Prasad Bose, learned counsel for the petitioner in BLAPL No. 2826 of 2026 and Mr. P.Satapathy, learned Addl. PP in these matters and perused the record. 5. No doubt, the petitioners have advanced non-examination of more than one witness as a ground for grant of bail, but the petitioners have not demonstrated the circumstance to satisfy the conditions of Sec. 37 of NDPS Act which is sine qua non for grant of bail for commission of offence under NDPS Act involving commercial quantity and the petitioners herein have been allegedly involved in possessing commercial quantity of Brown Sugar. Further, one witness has already been examined in this case, but two witnesses are remaining to be examined as submitted by learned counsel for the petitioners and the trial Court can be asked to expedite the trial, however, in no circumstance the conditions of Sec. 37 of NDPS Act can be dispensed with against the petitioners for grant of bail to them, unless they satisfy such conditions. p. 3 6. In view of the above facts and taking into consideration the recovery and seizure of 378Grams of Brown Sugar from the vehicle allegedly in occupation of the petitioners and their consequent failure to satisfy the conditions of Sec. 37 of NDPS Act, this Court is not inclined to grant bail to any of the petitioners. 7. Hence, the bail applications of each of the petitioners namely Irfan Ahmed (BLAPL No. 1589 of 2026) and Md. Abu Talha (BLAPL No. 2826 of 2026) stand rejected. The learned trial Court is, however, requested to expedite the trial by procuring the attendance of rest two witnesses, if there is no other legal impediment. 8. Accordingly, these two bail applications stand disposed of. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference. (G. Satapathy) Judge kishore