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. 163 of 2025 corresponding to C.T.(N) Case No.95 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 net weight of 175Kgs of Contraband Ganja in a Scorpio vehicle bearing Regd. No. OD-07Z-0999.

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 was any Contraband article recovered from him, rather the petitioner has been falsely implicated in this case by showing him to be 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 two co-accused persons for transporting net weight of 175Kgs of Contraband Ganja in a Scorpio vehicle bearing Regd. No.OD-07Z0999. Further, there is alleged involvement of the petitioner in another case in Phulbani Sadar P.S. Case No. 07 of 2025 for commission of offence U/S.20(b)(ii)(C)/25/29 of the NDPS Act. Grant or refusal of bail to an accused for commission of offence under NDPS Act involving commercial quantity is to be governed by Sec.37 of NDPS Act which provides recording satisfaction of the Court the conditions for grant of bail which are (i) the accused 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=I1mmm2bl4r4EREhYK63KvyL88d3i83Mz5QNbS4ZWZL%2FKxDqZzDQkUks7vmYYdLVT&caseno=BLAPL/4181/2026&cCode=1&cino=ODHC010311192026&state_code=11&appFlag==)

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