Orissa High Court
Kunu Pradhan vs State Of Odisha ... Opposite Party on 20 November, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 9405 of 2025
(In the matter of application under Section 439 of CrPC
r/w. Sec. 483 of the BNSS, 2023).
Kunu Pradhan ... Petitioner
-versus-
State of Odisha ... Opposite Party
For Petitioner : Mr. A.S. Paul, Advocate
For Opposite Party : Mr. A. Pradhan, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
DATE OF HEARING & DATE OF JUDGMENT:20.11.2025 (ORAL)
G. Satapathy, J.
1. This is the 5th successive bail application
U/S.483 of BNSS Act by the petitioner for grant of bail
in connection with Mancheswar PS Case No.68 of 2023
arising out of TR Case No.106 of 2023 pending in the
Court of learned Addl. Sessions Judge, Bhubaneswar,
for commission of offences punishable U/S.
20(b)(ii)(C) of the NDPS Act, on the allegation of
transporting 70Kgs of Contraband Ganja in a car
bearing Regd. No.OR-14V-7914.
2. Heard, Mr. Amlan Shakti Paul, learned
counsel for the petitioner and Mr. A. Pradhan, learned
Additional Public Prosecutor in the matter and perused
the record.
3. It is not in dispute that the petitioner has
been implicated in Tamando PS Case No.122 of 2020
for commission of offence U/S. 20(b)(ii) of the NDPS
Act and Phulbani Sadar PS Case No.170 of 2022 under
IPC offences. Grant of bail in a NDPS Case involving
commercial quantity is subject to satisfaction of
conditions of Section 37 of NDPS Act, but Section
37(1)(b)(ii) of NDPS Act reads as under:-
"Sec.37(1)(b)(ii)- Where the Public
Prosecutor opposes the application, the
Court is satisfied that there are reasonable
grounds for believing that he is not guilty
of such offence and that he is not likely to
commit any offence while on bail."
4. Besides, the petitioner renews his prayer for
bail mainly on the ground of delay in disposal of the
case, but delay cannot be a ground for grant of bail to
a person accused of offence under NDPS Act involving
commercial quantity as held by Apex Court in Union
of India vrs Vigin K. Varghese; (2025) LiveLaw
(SC) 1101, wherein the Apex Court while allowing an
appeal of Union of India by setting aside the order of
grant of bail to the accused therein has held thus:-
"17.The High Court then, on the strength of
those premises, recorded a finding that
there exist reasonable grounds to believe
that the applicant is not guilty of the
alleged offence, treating prolonged
incarceration and likely delay as the
justification for bail. Such a finding is
not a casual observation. It is the
statutory threshold under Section
37(1)(b)(ii) which would disentitle the
discretionary relief and grant of bail
must necessarily rest on careful
appraisal of the material available. A
conclusion of this nature, if returned
without addressing the prosecution's
assertions of operative control and
antecedent involvement, risks trenching
upon appreciation of evidence which would
be in the domain of trial court at first
instance".
5. In Narcotic Control Bureau Vrs.
Kashif; 2024 SCC Online SC 3848, the Apex Court
has also made it clear that for release of Petitioner-
accused of offences under NDPS Act involving in
commercial quantity, recording of satisfaction of
conditions of Sec. 37 of NDPS Act is sine-qua-non.
Further, the Apex Court in this decision has held as
under:-
"8. There has been consistent and
persistent view of this Court that in the
NDPS cases, where the offence is
punishable with minimum sentence of ten
years, the accused shall generally be not
released on bail. Negation of bail is the
rule and its grant is an exception. While
considering the application for bail, the
court has to bear in mind the provisions
of Section 37 of the NDPS Act, which
are mandatory in nature. The recording
of finding as mandated in Section 37 is
a sine qua non for granting bail to the
accused involved in the offences under
the said Act. Apart from the granting
opportunity of hearing to the Public
Prosecutor, the other two conditions i.e.,
(i) the satisfaction of the court that
there are reasonable grounds for
believing that the accused is not guilty
of the alleged offence and that (ii) he
is not likely to commit any offence
while on bail, are the cumulative and not
alternative conditions."
6. In view of the above facts and after
having considered the rival submissions and on going
through the materials placed on record and regard
being had to the past involvement of the petitioner for
commission of similar type of offences under NDPS Act
and thereby, he being unable to satisfy the conditions
of Sec. 37 of NDPS Act, this Court does not find any
good ground to admit the petitioner to bail.
Hence, the bail application of the petitioner
stands rejected. The learned trial Court is, however,
requested to expedite the trial and proceed with the
case for its disposal at the earliest.
7. Accordingly, the BLAPL stands disposed of. A
copy of this order be immediately communicated to
the concerned Court for compliance.
(G. Satapathy)
Judge
Orissa High Court, Cuttack,
Dated the 20th day of November, 2025/S.Sasmal
Location: High Court of Orissa
Date: 20-Nov-2025 20:42:37
