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2026 DAILYLAW 752 (ORI)

RAGHUNATH SETHI v. STATE OF ODISHA

BLAPL/103/2026 · 2026-02-12

Gourishankar Satapathy

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK Raghunath Sethi (In BLAPL No.103 of 2026) Padmalochan Hati (In BLAPL No.13749 of 2025) … Petitioners Ms. S. Dash, Advocate (in both these BLAPLs) -versus- State of Odisha … Opposite Party Mr. S.C. Pradhan, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 12.02.2026 01. 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 Manamunda PS Case No.113 of 2025 corresponding to Special Case No.68 of 2025 (NDPS) pending in the file of learned Additional Sessions Judge-cum-Special Judge, Kantamal, for commission of offences punishable U/S.20(b)(ii)(C) of NDPS Act, on the main allegation of transporting 75Kgs of Contraband Ganja in a Tata Indigo ECS Car bearing Regd. No.OD-02-1617. 4. Heard, Ms. Swayamprava Dash, learned counsel for the petitioners and Mr. S.C. Pradhan, learned Additional Public Prosecutor in the matter and perused the record including the certified copy of depositions of PWs.1 to 6. 5. Bail to the petitioners is mainly sought for on the ground of their detention in custody since 17.03.2025, but the Contraband Ganja allegedly seized in this case is 75Kgs, which is coming under commercial quantity. Further, the aforesaid quantity of Contraband Ganja was recovered and seized from the vehicle allegedly in occupation of the petitioners at the time of raid. On considering the materials placed on record together with the evidence of the witnesses as produced, more particularly that of PWs.1 and 2, this Court hardly finds the petitioners 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. In the aforesaid facts and circumstance and taking into account the failure of the petitioner to have satisfied the conditions of Section 37 of NDPS Act, this Court is not inclined to grant bail to any of the petitioners. 6. Hence, these two bail applications of the petitioners namely Raghunath Sethi (In BLAPL No.103 of 2026) and Padmalochan Hati (In BLAPL No.13749 of 2025) stand rejected. Accordingly, these BLAPLs stand disposed of. A copy of this order be immediately transmitted to the learned trial Court for reference. (G. Satapathy) Judge Subhasmita Designation: Sr. Stenographer