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2026 DAILYLAW 7766 (ORI)

DOULAT SATNAMI v. STATE OF ODISHA

BLAPL/1603/2026 · 2026-04-22

Gourishankar Satapathy

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1603 of 2026 Doulat Satnami and another … Petitioners Mr. D.J. Sahoo, Advocate -versus- State of Odisha … Opposite Party Mr. P. Satpathy, Addl. PP CORAM:JUSTICE G. SATAPATHY Order No. ORDER(ORAL):22.04.2026 01. 1. This is the bail application U/S.483 of the BNSS by the petitioners for grant of bail in connection with PR No. 286 of 2025-26 corresponding to Special Act Case No. 05 of 2026 pending in the Court of learned Special Judge, Nuapada for commission of offences punishable U/S. 20(b)(ii)(C) of the NDPS Act, on the main allegation of transporting 20Kgs of Contraband Ganja in a Maruti Suzuki Alto 800 Car bearing Registration No. OD-26C-3361. 3. Heard, Mr. Prabhav Behera, learned counsel for the petitioners and Mr. P. Satpathy, learned Additional Public Prosecutor in the matter and perused the record. 4. No doubt, the Petitioners have been forwarded to the Court for commission of offence U/S. 20(b)(ii)(C) of the NDPS Act, but the quantity of Contraband Ganja required to attract the provision of Sec. 20(b)(ii)(C) is greater than 20Kgs which is found from a contemporaneous reading of Sec.2(vii-a) of NDPS Act together with the scheduled appended to it and, therefore, the embargo as contained in Sec. 37 of NDPS p. 2 Act may not be applicable to the case at hand. It is also found from the record that the Petitioners are in custody since 23.01.2026, but in the meantime, around three months have elapsed and there must have been substantial progress in investigation. Further, no criminal antecedent of similar nature has been reported against the Petitioners. In the peculiar facts and circumstances of the case, especially when the quantity of Contraband Ganja allegedly seized in this case being prima facie not coming under commercial quantity, this Court without expressing any view on merit admits the petitioner to bail. 5. Hence, the bail application of the petitioner stands allowed and he is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it. 6. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. 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 Priyajit