Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.3760 of 2026
Sk. Sadiruddin … Petitioner
Mr. R.B. Mishra, Advocate
-versus- State of Odisha … Opposite Party Mr. S.C. Pradhan, Addl. PP
CORAM: JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL) : 06.05.2026
01.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Special Crime Unit P.S. Case No. 16 of 2023 corresponding to T.R. Case No. 655 of 2023 pending in the Court of learned 2nd Addl. Sessions Judge, Bhubaneswar, for commission of offence punishable U/Ss. 21(C)/29 of NDPS Act, on the main allegation of possessing 660.40Grams of Brown Sugar in a jerry bag.
3. Heard, Mr. Rajiba Bihari Mishra, learned counsel for the petitioner and Mr. S.C. Pradhan, learned Addl. PP in the matter and perused the record.
4. Mr. Mishra, however, seeks for bail by submitting inter alia that the petitioner is only found with 30Grams of Brown Sugar and he has been in custody since 18.12.2023, but in the meantime four witnesses have been examined, however, the material on record discloses alleged seizure of 660.40Grams of Brown Sugar jointly from the petitioner and other co-accused persons. Besides, the petitioner is also implicated with the aid of p. 2 Sec.29 of NDPS, which prescribes punishment for abetment and criminal conspiracy and therefore, it is too early to say that the petitioner was not having any role in joint possession of the entire Contraband article. Since the quantity of Contraband article allegedly seized in this case is 660.40Grams, which is coming under commercial quantity, the petitioner has to satisfy the conditions of Sec. 37 of NDPS Act for grant of bail to him. This Court, however, on consideration of materials placed on record, hardly finds the petitioner to have satisfied 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.
Hence, the prayer for bail of the petitioner stands rejected. Accordingly, the BLAPL stands disposed of. A soft copy of this order be immediately forwarded to the court in seisin over the matter for reference.
(G. Satapathy)
Judge
S.Sasmal Designation: Jr. Stenographer