Sajil Sanu & Anr. vs State of Odisha

G. Satapathy, J.

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.

These are the bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with G.Udayagiri PS Case No.37 of 2026 corresponding to CT Case No.100 of 2026 pending in the file of learned Special Judge-cum-Additional District and Sessions Judge, Balliguda, in the district of Kandhamal, for commission of offences punishable U/Ss.20(b)(ii)(B) of NDPS Act, on the main allegation of possessing 13Kgs 100Grams of Contraband Ganja, along with co-accused persons.

Heard, Mr. Sambit Kumar Patri, learned counsel for the petitioner in BLAPL No.6632 of 2026 and Mr. Kuldeep Mohanty, learned counsel for the petitioner in BLAPL No.7566 of 2026 and Mr. C. Mohanty, learned Addl. Public Prosecutor in the matter and perused the record.

Admittedly, the petitioners Sajil Sanu, Justin Pappacha @ Pappachan and Ambadi Soman are having previous history of criminal cases of similar nature, but all the criminal cases are for commission of offences U/S.27(b) of NDPS Act except one case of Section 20(b)(ii)(A) of NDPS Act qua the petitioners Sajil Sanu and Justin Pappacha @ Pappachan, however, these offences are for small quantity and for alleged consumption of Narcotic Drug by the petitioners. Further, these offences only provide maximum punishment of six months in case of conviction. It is no doubt alleged in this case that the petitioners are possessing intermediate quantity of Contraband article, but the punishment prescribed therein is for up to ten years and fine up to Rs.1 Lakh, however, there is no statutory bar to consider the bail application of an accused for commission of offence under NDPS Act involving intermediate quantity. In view of the aforesaid facts and circumstance and taking into account the presumption of innocence of the petitioners and keeping in view the punishment prescribed for the offences in case of conviction and taking into account the pre-trial detention of the petitioners in custody since 22.02.2026 with submission of charge-sheet in the meantime, this Court without expressing any view on merits admits each of the petitioners to bail, but subject to certain condition.

Hence, these two bail applications of the petitioners namely Sajil Sanu and Justin Pappacha @ Pappachan (In BLAPL No.6632 of 2026) and Ambadi Soman (In BLAPL No.7566 of 2026) are allowed and each of the petitioners is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following condition:-

Accordingly, the BLAPL stands disposed of. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference.