Unknown vs State Of Odisha ... Opposite Party
2026 Latest Caselaw 1217 Ori

Orissa High Court

Unknown vs State Of Odisha ... Opposite Party on 10 February, 2026

Author: G. Satapathy

Bench: G. Satapathy

             IN THE HIGH COURT OF ORISSA AT CUTTACK
             Umesh Chandra Digal
            (In BLAPL No.11177 of 2025)
            Rajesh Kumar Digal @ Rajesh Digal
            (In BLAPL No.397 of 2026) ...                       Petitioners
                                              Mr. S.K. Padhy, Advocate
                                         (in BLAPL No.11177 of 2025)
                                             Mr. B.K. Behera, Advocate
                                            (in BLAPL No.397 of 2026)
                                      -versus-
            State of Odisha                        ... Opposite Party
                                            Mr. S.C. Pradhan, Addl. PP
                                  CORAM:
                           JUSTICE G. SATAPATHY

                                   ORDER(ORAL)

Order No.                           10.02.2026
   03.         1.      This       matter   is    taken   up     through      Hybrid

Arrangement (Virtual/Physical Mode).

2. Since these two bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties.

3. These are the bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Phiringia PS Case No.83 of 2025 corresponding to CT Case No.70 of 2025 pending in the file of learned Special Judge, Phulbani, for commission of offences punishable U/Ss.20(b)(ii)(C)/25/29 of NDPS Act, on the main allegation of transporting 130Kgs of Contraband Ganja in a Creta Car bearing Regd. No.OD-05-AF-4009.

4. Heard, Mr. Saroj Kumar Padhy, learned counsel for the petitioner in BLAPL No.11177 of 2025; Mr. Bijay

Kumar Behera, learned counsel for the petitioner in BLAPL No.397 of 2026 and Mr. S.C. Pradhan, learned Additional Public Prosecutor in the matter and perused the record including the copy of depositions of PWs.1 to 6.

5. After having considered the rival submissions and taking into account the nature and gravity of offences as alleged against the petitioners vis-à-vis the allegation sought to be brought against them and regard being had to the materials placed on record together with the evidence of witnesses so far examined, more particularly that of PWs.1 and 6 and keeping in view the alleged recovery and seizure of 130Kgs of Contraband Ganja, which is well above the commercial quantity from the vehicle allegedly in occupation of the petitioners and their consequent failure to satisfy the conditions of Section 37 of NDPS Act, which is sine qua non for grant of bail to an accused for commission of an offence under NDPS Act involving commercial quantity, this Court is not inclined to grant bail to any of the petitioners.

6. Hence, these two bail applications of the petitioners namely Umesh Chandra Digal (In BLAPL No.11177 of 2025) and Rajesh Kumar Digal @ Rajesh Digal (In BLAPL No.397 of 2026) stand rejected. Accordingly, these BLAPLs stand disposed of. A copy of this order be immediately transmitted to the learned trial Court for reference.

                                                                       (G. Satapathy)


                                                                            Judge
Signed by: SUBHASMITA      DAS
                   Subhasmita
Designation: Sr. Stenographer
Reason: Authentication
Location: High Court of Orissa