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Judgment
G. Satapathy, J.
This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with SI of Excise, District Mobile Unit, Rourkela PR No.338 of 2025-26 corresponding to Spl. 2(a)CC Case No.19/02 of 2025 pending in the file of learned 2nd ADJ, Rourkela, for commission of offences punishable U/Ss.20(b)(ii)(C) of NDPS Act, on the main allegation of possessing 22Kgs 400Grams of Contraband Ganja.
Heard, Ms. Dipti Rekha Nanda, learned counsel for the petitioner and Mr. T.K. Acharya, learned Additional Public Prosecutor in the matter and perused the record.
Admittedly, the petitioner has been implicated in another case of similar nature, which has been stated in paragraph-5 of the bail application of the petitioner that he is implicated in Excise Station Case PR No.264 of 2023 for offence U/S.20(b)(ii)(B) of NDPS Act. Besides, in the meantime, two witnesses have already been examined, but the petitioner has preferred not to cross-examine PW1. The quantity of Contraband Ganja recovered in this case is 22Kgs 400Grams, 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 the fitness of things, especially when the petitioner is implicated in another case of similar nature and his conduct in the learned trial Court for not co-operating the trial by refusing to cross-examine PW1 and trial being likely to be concluded in near future with examination of remaining one witness, this Court does not find the petitioner to have satisfied the conditions of Section 37 of NDPS Act.
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.