Sk Babu @ Kalim vs State Of Odisha ... Opposite Party
2026 Latest Caselaw 739 Ori

Orissa High Court

Sk Babu @ Kalim vs State Of Odisha ... Opposite Party on 29 January, 2026

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                     BLAPL No.10002 of 2025
        Sk Babu @ Kalim                    ...           Petitioner
                                         Mr. G. Behera, Advocate
                               -versus-
        State of Odisha                    ...    Opposite Party
                                      Mr. P. Satpathy, Addl. PP
                        JUSTICE G. SATAPATHY
                            ORDER(ORAL)

29.01.2026 Order No.

03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. This is the 4th successive bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with STF PS Case No.03 of 2022 corresponding to SPL Case No.38 of 2022 pending in the file of learned Addl. Sessions Judge, Soro, for commission of offences punishable under Sections 21(c)/29 of NDPS Act, on the allegation of possessing 1Kg 100Grams of Brown Sugar along with co-accused persons.

3. Mr. Guruprasad Behera, learned counsel for the petitioner submits that although this Court by way of an order passed on 21.01.2025 in BLAPL No.405 of 2025 has granted liberty to the petitioner to renew his prayer for bail, if the trial is not concluded within a period of six months thence, but the trial is yet to be concluded and only the IO is remaining to be examined in this case. Accordingly, Mr. Guruprasad Behera prays to grant bail to the petitioner for non-conclusion of trial.

On the other hand, Mr. P. Satpathy, learned Addl. PP submits that when the trial of the case is at fag end and likely to be concluded in near future, it would not be proper to grant bail to the petitioner, more particularly when he is found to have not satisfied the conditions of Sec.37 of NDPS Act.

4. After having considered the rival submissions upon perusal of record, there appears allegation against the petitioner for possessing 1Kgs and 100Grams of Brown Sugar which is well above the commercial quantity, but on a careful scrutiny of the materials placed on record, this Court does not find the petitioner to have satisfied the conditions of Sec.37 of NDPS Act, which is sine qua non for grant of bail to an accused for commission of offences under NDPS Act involving commercial quantity. Right now, the case stands posted for examination of the IO and there is every possibility that the trial would be concluded in near future. In view of the above facts and circumstances, especially when the petitioner has not satisfied the conditions of Sec.37 of NDPS Act and he being allegedly found in possession of commercial quantity of contraband article, this Court is not inclined to grant bail to the petitioner. Hence, the bail application of the petitioner stands rejected. Accordingly, the BLAPL stands disposed of. A copy of this order be immediately communicated to the learned trial Court.

Reason: Authentication (G. Satapathy) Location: High Court of Orissa, Cuttack Date: 29-Jan-2026 21:52:09 Judge

Jayakrushna