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IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.13595 of 2025

Sabir Alli … Petitioner

Mr. B.C.Ghadei, Advocate

-versus-

State of Odisha … Opposite Party

Mr. P.Satapathy, Addl. PP

CORAM:

JUSTICE G. SATAPATHY

ORDER(ORAL)

Order No. 28.01.2026

02. 1. This matter is taken up through Hybrid

Arrangement (Virtual/Physical Mode).

2. This is the bail application U/S.439 of CR.P.C.

by the petitioner for grant of bail in connection with SPF

(CID-CB) BBSR P.S. Case No.30/2021 corresponding to

Special Case No.200(A)/2021 pending in the Court of

learned Additional Sessions Judge, Jaleswar, for

commission of offence punishable U/Ss.21(C)/29 of the

NDPS Act, on the main allegation of supplying 2 Kgs.

402 Grams of brown sugar to the co-accused persons

by entering into a conspiracy with each other.

3. In course of hearing, Mr.Ghadei, learned

counsel for the petitioner submits that although the

petitioner has been arrested in this case, but his name

does not figure out in the accused column of the charge

sheet. Mr. Ghadei further submits that co-accused

having been found in possession of contraband articles

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has already been granted bail, but the petitioner having

not committed any offence, may kindly be granted bail.

3.1. On the other hand, Mr. P. Satapathy, learned

Additional Public Prosecutor by highlighting the criminal

antecedent of the petitioner in three cases of similar

nature, submits that since the petitioner has not

satisfied the conditions of Section 37 of the NDPS Act,

his bail application may kindly be rejected.

4. After having considered the rival submissions

upon perusal of the record, there appears allegation

against the petitioner for supplying commercial quantity

of brown sugar to the co-accused persons in this case

and accordingly, he was arrested for commission of

offences under Sections 21(C)/29 of the NDPS Act on

the strength of an NBWA, which was issued against

him. The paramount consideration in granting bail is

securing attendance of the accused at the trial, but the

I.O. in this case has submitted final charge sheet by

showing the petitioner as an absconder, which speaks

about the conduct of the petitioner. The quantity of

contraband article seized in this case is definitely

coming under commercial quantity and thereby, the

petitioner has to satisfy the conditions of Section 37 of

the NDPS Act for securing his release on bail. One of

the conditions of Section 37 of the NDPS Act is

unlikelihood of the accused committing similar type of

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offence while on bail, but the petitioner in this case has

been reported to be involved in the following cases :-

“(i)Lalgola PS Case No.796/2021 dt.29-11-

2021 for offences U/Ss.21(C)/29 NDPS Act,

1985 (Dist.Mursidabad, West Bengal).

(ii)Baishnab Nagar P.S. Case No.572/2019

dt.02.11.2019 U/Ss.21(C)/20 NDPS Act,

1985(Dist.Malda, West Bengal).

(iii)STF P.S. Case No.31 dt.03.09.2021 for

offences U/Ss.21(C)/29 NDPS Act, 1985.”

The alleged involvement of the petitioner in the above

three cases would stand out on his way to satisfy the

conditions of Section 37 of the NDPS Act, which is sine

none qua for grant of bail to an accused for commission

of offence under the NDPS Act involving commercial

quantity. Further, on a careful perusal of the bail

application of the petitioner, nowhere this Court finds

the petitioner to have disclosed his criminal antecedent,

which appears to be a suppression of fact.

5. In view of the above facts and taking into

account the nature and gravity of the offences as

alleged vis-à-vis the accusations sought to be brought

against the petitioner and regard being had to the

involvement of the petitioner in three cases for

commission of similar offences and keeping in view the

conduct of the petitioner not only in avoiding the

process of the Court, but also in suppressing material

facts of criminal antecedent and his consequent failure

to satisfy the conditions of Section 37 of the NDPS Act,

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this Court does not consider it proper to grant bail to

the petitioner. Accordingly, the