IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.7967 of 2024 Suryakanta Mantry … Petitioner Mr. B.K. Ragada, Advocate on behalf of Mr. T.D.K. Dora, Advocate -versus-

State of Odisha … Opposite Party Mr. S.K. Rout, Addl. PP CORAM:

JUSTICE G. SATAPATHY

ORDER(ORAL)

15.05.2025 Order No

04. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. This is the 2^nd bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with STF PS Case No.26 of 2023 corresponding to Special Case No.11 of 2023 pending in the file of learned District & Sessions-Cum-Special Judge, Athagarh, for commission of offences punishable U/S.21(c) of NDPS Act, on the allegation of possessing 1022Kgs of Brown Sugar.

3. Heard, Mr. Bijay Kumar Ragada, learned proxy counsel appearing on behalf of Mr. T. Dhiren Kumar Dora, learned counsel for the petitioner and Mr. S.K. Rout, learned Additional Public Prosecutor in the matter and perused the record.

3.1. Mr. Ragada, learned counsel for the petitioner highlighting some discrepancies in the evidence of some of the witnesses and the custody period of the petitioner has prayed to grant bail to the petitioner.

4. After having considered the rival submissions upon perusal of record, there appears allegation against the petitioner for possessing 1022Kgs of Brown Sugar, which is well above the commercial quantity and, thereby, the petitioner is required to satisfy the conditions of Section 37 of NDPS Act for grant of bail to him. In regard to the submission of the petitioner with regard to the custodial period, this Court is alive with the principle laid down by the Apex Court Narcotic Control Bureau Vrs. Mohit Agarwal; (2022) 18 SCC 374, wherein a three judges Bench of the Apex Court has held that the length of the period of his custody or the fact that charge sheet has been filed and the trial has commenced are by themselves not considerations that can be treated as persuasive grounds for granting relief to the respondent U/S.37 of the NDPS Act. Further, in considering bail application, detailed examination of evidence and meticulous documentation on merit should not be undertaken.

5. In view of the above facts and taking into consideration the materials placed on record and regard being had to the failure of the petitioner to satisfy the conditions of Section 37 of NDPS Act and taking into account the law laid down by the Apex Court in Narcotic Control Bureau Vrs. Kashif; (2024) SCC Online SC 3848, this Court is not inclined to grant bail to the petitioner.

Hence, the bail application of the petitioner stands rejected. Accordingly, the BLAPL stands disposed of.

6. Issue urgent certified copy of the order as per Rules.

(G. Satapathy)

Judge Subhasmita Signature Not Verified Digitally Signed Signed by: SUBHASMITA DAS Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 16-May-2025 17:25:52