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2026 DAILYLAW 3157 (ORI)

TUTU DEHURI v. STATE OF ODISHA

BLAPL/275/2026 · 2026-03-24

Gourishankar Satapathy

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.275 of 2026 Tutu Dehuri … Petitioner Mr. R.K.Das, Advocate -versus- State of Orissa … Opposite Party Mr. T.K.Acharya, Addl. PP CORAM:JUSTICE G. SATAPATHY Order No. ORDER(ORAL):24.03.2026 05. 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 Bargarh Rural PS Case No.201 of 2024 corresponding to CT(Spl.) Case No.81/20 of 2024-2015 pending in the file of learned Addl. Sessions Judge, Bargarh for commission of offences punishable U/Ss.20(b)(ii)(C)/29 of NDPS Act, on the main allegation of possessing and transporting of 636Kgs(net weight) of Contraband Ganja in a Mahindra Bolero vehicle bearing Regd. No.OD-15X-8380. 3. In the course of hearing, Mr. Rakesh Kumar Das, learned counsel for the petitioner submits that although the petitioner is in custody since 13.09.2024, but out of the three witnesses are examined in this case, none has supported the prosecution allegation and the petitioner having detained in custody for near about one and half year may kindly be granted bail. 3.1. On the other hand, Mr.T.K.Acharya, learned Addl. PP submits that not only the petitioner is found in conscious p. 2 possession of huge quantity of Contraband Ganja, but also he has failed to satisfy the conditions of Sec. 37 of NDPS Act and thereby, the petitioner is not entitled to bail. 4. After having considered the rival submissions upon perusal of record, there appears allegation against the petitioner for possessing and transporting 636Kgs. of Contraband Ganja which is well above the commercial quantity. It may be true that the witnesses so far as examined i.e. three witnesses have not supported the prosecution case, but there are other charge sheeted witnesses and on going through the materials placed on record together with recovery and seizure of such a huge quantity of Contraband Ganja from the vehicle allegedly in occupation of the petitioner at the time of raid, this Court does not find the petitioner to have satisfied the conditions of Sec. 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. In view of the aforesaid facts and failure of the petitioner to satisfy the conditions of Sec. 37 of NDPS Act, this Court is not inclined to grant bail to the petitioner at this stage. 5. Hence, the bail application of the petitioner stands rejected. Accordingly, the BLAPL stands disposed of. A soft copy of the order be immediately communicated to the learned trial Court. (G. Satapathy) Judge kishore