IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.7421 of 2025

Bisikesan Meher … Petitioner

Mr. A. Das, Advocate

-versus-

State of Orissa … Opposite Party

Mr. T.K. Acharya, Addl. PP

CORAM:

JUSTICE G. SATAPATHY

ORDER(ORAL)

Order No. 12.01.2026

06. 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 Boudh PS Case No.125 of 2023 corresponding to Special Case(NDPS) No.80 of 2023 pending in the file of learned Sessions Judge-cum-Special Judge, Boudh for commission of offence punishable U/S.20(b)(ii)(C) of the NDPS Act, on the main allegation of possessing 20 Quintals and 40 Kgs of Contraband Ganja in a cottage

inside deep jungle.

3. In the course of hearing, Mr. Anirudha Das, learned counsel for the petitioner submits that the Contraband Ganja was recovered from the house of co- accused Mahendra Mallick and thereby, the present Petitioner having no role in this case may kindly be

granted bail.

3.1. On the other hand, Mr. T.K. Acharya, learned Addl. Public Prosecutor by highlighting the materials placed on record submits that not only the Petitioner has been identified by the Gramarakhi, but also he was subsequently found to be prima facie involved in this case and the quantity of Contraband Ganja being 20 Quintals and 40 Kgs, which is much above the commercial quantity, the bail application of the petitioner may kindly be rejected, since he has failed to satisfy the conditions of Sec. 37 of NDPS Act.

4. After having considered the rival submissions upon perusal of record, there appears allegation against the Petitioner for possessing 20 Quintals and 40 Kgs of Contraband Ganja, which is well above the commercial quantity inside a cottage in the deep jungle. It is claimed that the petitioner was not apprehended from the spot and thereby, he may be granted bail, however, the materials placed on record reveals that the Gramarakhi has allegedly identified the Petitioner at the time of detection. Further, the investigation is going on and it would be too early to say that the Petitioner has no role in the commission of offence. Grant or refusal of bail for commission of offence under NDPS Act involving commercial quantity is governed by Sec. 37 of NDPS Act, which prescribes that no person accused of offence under NDPS Act involving commercial quantity shall be released on bail, where Public Prosecutor opposes such bail application; unless the Court is satisfied that there are reasonable grounds for believing that the accused is not guilty of the offence and he is unlikely to commit offence while on bail. In the aforesaid situation and on cumulative scrutiny of the materials placed on record, this Court hardly finds the Petitioner to have satisfied the conditions of Sec. 37 NDPS Act and thereby, he is not entitled to be released on bail.

5. Hence, the bail application of the petitioner stands rejected. Accordingly, the BLAPL stands disposed of. A soft copy of this order be immediately transmitted to the learned trial Court.

(G. Satapathy)

Judge Priyajit Signature Not Verified Digitally Signed Signed by: PRIYAJIT SAHOO Reason: Authentication Location: HIGH COURT OF ORISSA Date: 13-Jan-2026 14:47:32