CUTTACK, India, June 13 -- Orissa High Court issued the following Judgement on May 11:

1. This is an application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Phulbani Sadar PS Case No. 07 of 2025 corresponding to C.T.(N) Case No.08 of 2025 pending in the Court of learned Special Judge, Phulbani, for commission of offence punishable U/Ss. 20(b)(ii)(C)/25/29 of the NDPS Act, on the main allegation of transporting 34Kgs of Contraband Ganja in his Maruti Swift LXI Car bearing Regd. No.OD-02AG-1950, along with coaccused persons.

2. In the course of hearing, Mr. Soura Chandra Mohapatra, learned Senior Counsel, who is being assisted by Mr. Raj Kumar Rout, learned counsel for the petitioner submits that the petitioner has been implicated in two cases for similar nature, but he was neither apprehended from the spot nor any Contraband article was recovered from him in the said two cases, rather the petitioner has been falsely implicated in this case by showing him to have been involved in other case and, therefore, the petitioner may kindly be considered to have well satisfied the conditions of Sec.37 of NDPS Act and he having been detained in false case, may kindly be granted bail.

3. On the other hand, Mr. M.R. Patra, learned Addl. PP by highlighting the allegation submits that not only the petitioner is involved in this case, but also he is involved in another case and the petitioner, therefore, having been implicated in two cases for transportation of commercial quantity of Contraband Ganja, his bail application may kindly be rejected.

4. After having considered the rival submissions upon perusal of record, there appears allegation against the petitioner and another co-accused Balakrushna Kanhar for transporting 34Kgs of Contraband Ganja in a Maruti Swift LXI Car bearing Regd. No. OD-02AG-1950, but co-accused Balakrushna Kanhar has already been granted bail by a co-ordinate Bench of this Court in BLAPL No. 979 of 2025, however, while granting bail to co-accused, there appears no discussion about the co-accused satisfying the conditions of Sec.37 of NDPS Act and thereby, the plea of parity may not be available to the petitioner in this case for not only on the aforesaid reason, but also for his alleged involvement in other case in Phulbani Sadar P.S. Case No. 163 of 2025 for commission of offence U/S.20(b)(ii)(C)/29 of the NDPS Act inasmuch as, the conditions as required to be satisfied by the accused for grant of bail for offence under NDPS Act involving commercial quantity are,

(i) the accused/petitioner is not guilty of the offence and

(ii) he is unlikely to commit offence while on bail, but the present petitioner's alleged involvement in another case for self same offence itself is indicative of his inability to satisfy the conditions of Sec.37 of NDPS Act.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=I1mmm2bl4r4EREhYK63KvyuuhUaETEyD6ls11GOwPQzmX6JFwIKfAAHe6xj9sklr&caseno=BLAPL/4179/2026&cCode=1&cino=ODHC010311122026&state_code=11&appFlag=)

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