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Judgment
G. Satapathy, J.
This is a bail application U/S.483 of BNSS by the petitioners for grant of bail in connection with Paralakhemundi Excise Station PR No.106 of 2025-26 corresponding to 2(a)CC Case No.15 of 2025 pending in the file of learned Sessions Judge-cum-Special Judge, Gajapati at Paralakhemundi, for commission of offences punishable U/S.20(b)(ii)(C) of NDPS Act, on the main allegation of transporting 200Kgs of Contraband Ganja in a Ford Ecosport Car bearing Regd. No.HR-06-AL-3463.
In the course of hearing, Mr. Ravi Shankar Samal, learned counsel for the petitioner submits that the petitioner is a innocent person, but he has been falsely implicated in this case, which is evident from the evidence of the independent witness Pintu Patra, however, the petitioner having detained in custody since last nine months, but only remaining witness to be examined in this case being the IO with the petitioner having not been implicated on prima facie material, he may kindly be granted bail.
On the other hand, Mr. P. Satpathy, learned Additional Public Prosecutor by relying upon the evidence of PW1-the Excise Constable prays to reject the bail application of the petitioner.
After having considered the rival submissions upon perusal of record, there appears allegation against the petitioner for transporting 200Kgs of Contraband Ganja, which is coming under commercial quantity. Section 37 of NDPS Act prescribes that no person accused of an offence under NDPS Act involving commercial quantity shall be released on bail, where the public prosecutor opposes such bail application of the accused; unless the Court is satisfied that there are reasonable grounds for believing that the accused is not guilty of such offence and he is not likely to commit any offence while on bail. In this case, on going through the materials placed on record together with the evidence of witnesses so far examined, this Court hardly finds the petitioner to have satisfied the condition of Section 37 of NDPS Act. Besides, the case is at the verge of conclusion of trial, since one witness is remaining and, therefore, this Court does not consider it proper to grant bail to the petitioner at this stage.
Hence, the bail application of the petitioner stands rejected. Accordingly, the BLAPL stands disposed of. A copy of this order be immediately transmitted to the learned Court in seisin over the matter.