Sana @ Sanatan Nayak vs State Of Odisha

G. Satapathy, J.

This is a bail application U/S.483 of BNSS by the petitioners for grant of bail in connection with Gunupur PS Case No.30 of 2025 corresponding to TR Case No.25 of 2025 pending in the file of learned Additional Sessions Judge-cum-Special Judge, Gunupur, for commission of offences punishable U/Ss.20(b)(ii)(C)/25/29 of NDPS Act, on the main allegation of transporting 630Kgs of Contraband Ganja in a Mahindra Max Pick-UP Van bearing Regd. No.OR-07R-4547.

In the course of hearing, Mr. Jyotirmaya Sahoo, learned counsel for the petitioner submits that the petitioner was neither apprehended from the spot nor was he found in conscious possession of Contraband article, rather he has voluntarily surrendered in the Court pursuant to an order passed by this Court in ABLAPL No.2800 of 2026, but the bail application of the petitioner was rejected and, thereby, he is in custody. Mr. Sahoo further submits that since no Contraband article was found from the possession of the petitioner, the conditions of Section 37 of NDPS Act is not attracted against him, but the petitioner being detained in custody since 14.05.2026, he may kindly be granted bail.

On the other hand, Mr. M.R. Patra, learned Additional Public Prosecutor submits that although the petitioner was named in the FIR, but he remained elusive to the police for a substantial period, however, the police has submitted preliminary charge-sheet only against accused Jayanta Behera keeping the investigation open and, thereby, it is not the proper stage to evaluate the evidence to consider that the provision of Section 37 of NDPS Act is not attracted against the petitioner. On the aforesaid submissions, Mr. Patra prays to reject the bail application of the petitioner.

After having considered the rival submissions upon perusal of record, it appears that the petitioner was admittedly not apprehended from the spot, but his name finds place in the FIR, however, the police has seized 630Kgs of Contraband Ganja, which is definitely coming under commercial quantity. It is, however, not clarified as to whether the investigation has been concluded qua the present accused-cum-petitioner, but at this stage, on consideration of materials placed on record, this Court does not find the petitioner to have satisfied the conditions of Section 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.

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.