[Cites 3, Cited by 0]
Orissa High Court
Manabhajan Garnaik & vs State Of Orissa ... Opposite Party on 11 February, 2026
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.11286 of 2025
Manabhajan Garnaik & ... Petitioners
another
Mr. C.Rout, Advocate
-versus-
State of Orissa ... Opposite Party
Mr. C.Mohanty, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
Order No. 11.02.2026
03. 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 petitioners for grant of bail in connection with
Pallahara Excise PR No.42/2025-26 corresponding to
CT(Spl) NDPS Case No.04/2025 pending in the file of
learned Addl. Sessions Judge-cum-Special Judge,
Talcher for commission of offences punishable
U/Ss.20(b)(ii)(C) of NDPS Act, on the main allegation of
transporting 161Kgs of Contraband Ganja in a Pickup
Van bearing Regd. No.OD-05-BF-9366.
3. In the course of hearing, Mr. Chiranjib Rout,
learned counsel for the petitioners by highlighting
certain loopholes submits that two out of three PR
witnesses have already been examined, but the
petitioners are languishing in custody and that apart,
the sampling U/S. 52-A of the NDPS Act as adopted by
the Investigating Officer vitiates the entire proceeding
against the petitioners and, therefore, the petitioners
may kindly be granted bail.
3.1. On the other hand, Mr.C.Mohanty, learned
Addl. PP by highlighting the provisions of Sec. 37 of
NDPS Act prays to reject the bail application of the
petitioners.
4. After having considered the rival submissions
upon perusal of record, there appears allegation against
the petitioners for transporting 161Kgs of Contraband
Ganja which is well above the commercial quantity, but
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 the bail application of such
accused person, unless the Court satisfied that there
are reasonable grounds for believing that the accused is
not guilty of their offence and he is not likely to commit
offence while on bail. It is no doubt contended by
learned counsel for the petitioners that infraction of
Sec. 52-A of NDPS Act would vitiate the trial and enure
to the benefit of the petitioners for grant of bail, but
law has been equally well settled by Apex Court in
Narcotic Control Bureau Vrs. Kashif; (2024) SCC
Online SC 3848 wherein at Paragraphs-8 & 24 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.
24. Sec. 52-A was inserted only for the
purpose of the early disposal of the seized
Contraband Drugs and Substances,
considering the hazardous nature, vulnerability
to theft, constraint of proper storage place etc.
There cannot be any two options on the issue
about the early disposal of the Contraband
Drugs and Substances, more particularly when
it was inserted to implement the provisions of
International Convention on the Narcotic
Drugs and Psychotropic Substances, however
delayed compliance or non-compliance of
the said provision by the concerned
officer authorized to make application to the
Magistrate could never be treated as an
illegality which would entitle the accused
to be released on bail or claim acquittal in
the trial, when sufficient material is collected
by the investigating officer to establish that
the search and seizure of the Contraband
substance was made in due compliance of the
mandatory provisions of the Act".
5. Further, the trial appears to be at fag end with
remaining examination of only one witness. In such
view of the matter and taking into consideration the
materials placed on record together with the failure of
the petitioners to satisfy the conditions of Sec. 37 of
NDPS Act and keeping in view the law laid down by
Apex Court in Kashif (supra), this Court does not
consider it proper to grant bail to the petitioners.
6. Hence, the bail application of the petitioners
stands rejected. Accordingly, the BLAPL stands
disposed of. A copy of this order be immediately
transmitted to learned trial Court.
(G. Satapathy)
Judge
kishore
Signed by: KISHORE KUMAR SAHOO
Location: High Court of Orissa
Date: 12-Feb-2026 11:30:28
