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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 R.Udayagiri PS Case No.156 of 2024 corresponding to G.R. Case No. 85 of 2024 pending in the file of learned Sessions Judge-cum-Special Judge, Gajapati, Paralakhemundi, for commission of offences punishable U/Ss. 20(b)(ii)(C)/25/29 of NDPS Act, on the main allegation of transporting 215 Kgs 100Grams of Contraband Ganja in a Maruti Suzuki car bearing Regd. No. OR-O2BC-3666, along with co-accused persons.
Herad Mr.Dayanidhi Mishra, learned counsel for the petitioner and Mr.P.Satapathy, learned Addl. PP in the matter and perused the record.
No doubt, the petitioner has set up the plea of non-compliance of Sec. 47 of BNSS read with Article 22(1) of the Constitution of India, but law in this regard has already been well clarified by the Apex Court in State of Meghalaya Vrs. Sonam Raghuvanshi @ Bitti @ Bittu; SLP (Crl.) No.11944 of 2026 disposed of on 23.07.2026 wherein non-furnishing of grounds of arrest to the arrestee has been held to be applied prospectively to the arrest on and from the date of pronouncement of judgment in Mihir Rajesh Shah Vrs. State of Maharashtra; (2026) 1 SCC 500 which was delivered on 06.11.2025 and in the present case the arrest was made much before such date and thereby, the plea as advanced for the petitioner merits no consideration. On consideration of materials placed on record, it is found that the petitioner is allegedly found transporting 215 Kgs 100Grams of Contraband Ganja which is well above the commercial quantity, but Sec. 37 of NDPS Act prescribes that no person accused of offence under NDPS Act involving commercial quantity shall be released on bail; where the 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 view of the aforesaid facts and taking into consideration the materials placed on record and the alleged quantity of contraband article seized in this case being beyond commercial quantity keeping in view the role as alleged against the petitioner for dealing with such contraband article, this Court hardly finds 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 an offence under NDPS Act involving commercial quantity and this Court, therefore, is not inclined to grant bail to the petitioner at this stage.
Hence, the bail application of the petitioner stands rejected. The learned trial Court is, hereby, requested to expedite the trial, if there is no other legal impediment.
Accordingly, the BLAPL stands disposed of. A copy of this order be immediately transmitted to the learned trial Court for reference.