Unknown vs State Of Odisha ... Opposite Party
2026 Latest Caselaw 2515 Ori

Orissa High Court

Unknown vs State Of Odisha ... Opposite Party on 17 March, 2026

Author: G. Satapathy

Bench: G. Satapathy

              IN THE HIGH COURT OF ORISSA AT CUTTACK
            Biranchi Bindhani
            (In BLAPL No.1096 of 2026)
            Abhinash Nayak
            (In BLAPL No.13018 of 2025)
                                         ...          Petitioners
                                     Mr. P.C. Sejpada, Advocate
                                  (In BLAPL No. 1096 of 2026)
                                     Mr. S. Mishra, Advocate
                                  (In BLAPL No. 13018 of 2025)
                               -versus-
            State of Odisha                ... Opposite Party
                                              Mr. S.C. Pradhan, Addl. PP
                                    CORAM:
                             JUSTICE G. SATAPATHY
                                 ORDER(ORAL)

Order No. 17.03.2026

01. IA No. 1179 of 2025 (Arising out of BLAPL No. 13018 of 2025)

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

2. This is an application by the Petitioner-Abhinash Nayak for grant of interim bail on the ground of his disability.

3. Heard, Mr. Sitikant Mishra, learned counsel for the Petitioner and Mr. S.C. Pradhan, learned Addl. PP in the matter and perused the record together with the instruction as obtained from IIC, Baripada Town PS and produced before this Court.

4. After having considered the rival submission upon perusal of record, there appears allegation against the Petitioner for transporting commercial quantity of Contraband Ganja, but the Petitioner seeks for interim bail

on the ground of his disability of 60% in locomotor, however, there is no special ground as advanced for the Petitioner for grant of interim bail. This Court, however, does not consider it proper to grant interim bail only on the ground of disability of the Petitioner.

Hence, the application by the Petitioner for grant of interim bail is hereby rejected. IA stands disposed of. BLAPL Nos. 1096 of 2026 & 13018 of 2025

5. 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.

6. These are the bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with CT Case No. 50 of 2025 arising out of Baripada Town PS Case No. 526 of 2025 pending in the file of learned Special Judge, Mayurbhanj, Baripada for commission of offences punishable U/Ss. 20(b)(ii)(C)/25/29 of the NDPS Act, on the main allegation of transporting 78.940 Grams of Contraband Ganja in a Hyundai Xcent Car bearing Regd. No. OD-02-S-4288.

7. Heard, Mr. Pramod Chandra Sejpada, learned counsel for the Petitioner in BLAPL No. 1096 of 2026, Mr. Sitikant Mishra, learned counsel for the Petitioner in BLAPL No. 13018 of 2026 and Mr. S.C. Pradhan, learned Addl. PP in the matter and perused the record.

7.1. Mr. Sejpada at the outset submits that the Petitioner-Biranchi Bindhani was neither apprehended from the spot nor was he found in conscious possession of

Contraband article, but the vehicle of the Petitioner is found to have been seized by the Police and on that basis, the Petitioner has been implicated in this case. On these submissions, Mr. Sejpada prays to grant bail to the Petitioner.

7.2. On the other hand, Mr. Sitikant Mishra, learned counsel for the Petitioner-Abhinash Nayak submits that the Petitioner was no way connected in this case and all the Contraband articles seized in this case does not belong to the Petitioner and thereby, the petitioner may kindly be granted bail.

7.3. On the contrary, Mr. S.C. Pradhan, learned Addl. PP by inviting attention of the Court to the provision of Sec. 37 of NDPS Act submits that since the Petitioners have failed to satisfy the conditions of Sec. 37 of NDPS Act, the bail applications of the Petitioners may kindly be rejected.

8. After having considered the rival submissions upon perusal of record, there appears allegation against the Petitioners for transporting 78.940 Grams 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 such bail application; unless the Court is satisfied that there are reasonable grounds for believing that the accused is not guilty of the offence and he is

unlikely to commit offence while on bail. In the aforesaid facts and circumstance on the face of the recovery and seizure of commercial quantity of Contraband article from the vehicle of the Petitioner- Biranchi Bindhani allegedly in occupation of the Petitioner- Abhinash Nayak at the time of apprehension and there being allegation against the Petitioner-Biranchi Bindhani for abetting the Petitioner- Abhinash Nayak for transportation of commercial quantity of Contraband article in the vehicle of the former, this Court hardly finds the Petitioners to have satisfied the conditions of Sec. 37 of NDPS Act which is sine qua non for grant of bail for commission of offence under NDPS Act involving commercial quantity.

9. Hence, these two bail applications of the petitioners stand rejected. Accordingly, these BLAPL Nos.1096 of 2026 and 13018 of 2025 stand disposed of. A soft copy of this order be immediately transmitted to the learned trial Court.

(G. Satapathy) Judge Priyajit

Location: HIGH COURT OF ORISSA