[Cites 3, Cited by 0]
Orissa High Court
Ganeswar Das vs State Of Odisha ... Opposite Party on 5 January, 2026
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.8382 of 2025
Ganeswar Das ... Petitioner
Mr. R.C.Maharana, Advocate
-versus-
State of Odisha ... Opposite Party
Mr. M.K.Mohanty, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
05.01.2026
Order No.
05. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. This is the bail application U/S.483 of the
BNSS by the petitioner for grant of bail in connection
with Choudwar P.S. Case No. 263 of 2023
corresponding to of Special G.R.(Special) Case No.
15 of 2023 pending in the Court of learned 1st Addl.
Sessions Judge, Cuttack for commission of offences
punishable U/Ss. 20(b)(ii)(C) of the NDPS Act, on the
main allegation of transporting 351Kgs 800Grams of
Contraband Ganja in an Innova car bearing Regd. No.
OD-33-G-4757.
3. In the course of hearing Mr. Ramesh Chandra
Maharana, learned counsel for the petitioner by
producing the surrender certificate of the petitioner
submits that the petitioner has not misused the
liberty granted to him in the form of interim bail, but
the trial is progressing at snail pace and even after
more than two years and six months of the custody
of the petitioner, the trial is yet to be concluded and,
therefore, the petitioner may kindly be granted bail.
3.1. On the other hand, Mr.M.K.Mohanty, learned
Addl. PP, however, strongly opposes the bail
application of the petitioner by contending inter alia
that since the petitioner has not satisfied the
conditions of Sec. 37 of NDPS Act, the bail application
of the petitioner may kindly be rejected.
4. After having considered the rival submissions
upon perusal of record, there appears allegation
against the petitioner for transporting 351Kgs
800Grams of Contraband Ganja which is well above
the commercial quantity, in an Innova car, but on
perusal of materials placed on record, this Court
hardly finds the petitioner to have satisfied the
conditions of Sec. 37 of NDPS Act. No doubt there is
delay in disposal of the case, but delay cannot be a
ground to grant bail to a person accused of offence
under NDPS Act involving commercial quantity,
unless the accused satisfy the conditions of Sec. 37 of
NDPS Act as held by the Apex Court in Union of
India vrs Vigin K. Varghese; (2025) LiveLaw
(SC) 1101. The relevant observation of the Apex
Court in the said judgment is quoted herein below:-
"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 this case, no doubt the petitioner has
suffered some custodial detention, but trial is
progressing. The quantity of Contraband Ganja seized
in this case is much more than commercial quantity,
but the petitioner has not been able to satisfy the
conditions of Sec. 37 of NDPS Act. Hence, the bail
application of the petitioner stands rejected.
Accordingly, the BLAPL stands disposed of.
(G. Satapathy)
Judge
kishore
Signed by: KISHORE KUMAR SAHOO
Location: High Court of Orissa
Date: 05-Jan-2026 18:36:55
