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Judgment
G. Satapathy, J.
This is the bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Baunsuni P.S. Case No. 12 of 2025 corresponding to Special Case (NDPS) No. 26 of 2025 pending in the Court of learned Sessions Judge-cum-Special Judge, Boudh, for commission of offence punishable U/Ss.20(b)(ii)(C) of the NDPS Act, on the main allegation of possessing 157Kgs 500Grams of Contraband Ganja in the house of co-accused Rama Barik.
Heard, Mr. Shibani Sankar Pradhan, learned counsel for the petitioner and Mr. M.R. Patra, learned Addl. PP in the matter and perused the record.
No doubt, the learned counsel for the petitioner has submitted that neither petitioner was apprehended from the spot nor was he found in conscious possession of any Contraband article, but the FIR indicates that the petitioner was allegedly possessing the Contraband article along with co-accused persons. Besides, the charge sheet also indicates about the alleged involvement of the petitioner in this case. The quantity of Contraband Ganja allegedly seized in this case is well above commercial quantity and thereby, the petitioner has to satisfy the conditions of 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. A careful scrutiny of the materials placed on record together with the law laid down by the Apex Court in Union of India vs. Ajay Kumar Singh @ Pappu; (2023) SCC OnLine SC 346, 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 for commission of offence under NDPS Act involving commercial quantity.
In the result, the bail application of the petitioner stands rejected. Accordingly, the bail application stands disposed of. It is open to the petitioner to renew his prayer for bail, if the trial does not commence within six months hence. A soft copy of this judgment be immediately transmitted to the Court in seisin over the matter for reference.