CUTTACK, India, June 12 -- Orissa High Court issued the following order on May 12:

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. 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.

3. These are the bail applications U/S.439 of CrPC by the petitioners for grant of bail in connection with Crime Branch Special Task Force P.S. Case No. 7 of 2022 corresponding to T.R. Case No.91 of 2022 pending in the file of learned 5th Addl. District & Sessions Judge, Bhubaneswar (BLAPL No.257 of 2024)/3rd Addl. Sessions Judge, Bhubaneswar(BLAPL No.9074 of 2024), for commission of offences punishable U/Ss. 21(c)/29 of NDPS Act, on the allegation of possessing and dealing 1315 Grams of Brown Sugar, along with co-accused persons.

4. In the course of hearing, Mr. Amlan Shakti Paul, learned counsel for the petitioner in BLAPL No. 9074 of 2024 and Mr. Saktiprasad Das, learned counsel for the petitioner in BLAPL No.257 of 2024 unequivocally submit that neither the petitioners were found in possession of any Contraband article nor was any Contraband article seized/recovered from the conscious possession of the petitioners, but the petitioners being present near to the spot house, were unnecessarily harassed and booked in this case. Further, Mr. Das also submits that the mandatory procedure as required in NDPS case has not been followed and, thereby, the petitioner-Sayed Imtiyaz is also entitled to bail on that score. On the aforesaid submissions, the respective learned counsel for the petitioners prays to grant bail to the petitioners.

4.1. On the other hand, Mr. A.K. Apat, learned Addl. Public Prosecutor by highlighting the role played by each of the petitioners in purchasing and selling the Brown Sugar submits that the petitioners have been rightly apprehended by the Police and thereby, they having not satisfied the conditions of Sec.37 of NDPS Act, are not entitled to bail. Mr. Apat, accordingly, prays to reject the bail applications of the petitioners.

5. After having considered the rival submissions upon going through the materials placed on record, there is allegation against the petitioners for possessing Brown Sugar in the house of co-accused and dealing with such Contraband article seized in this case. Besides, the quantity of Brown Sugar seized in this case is to the tune of 1315Grams, which is well above the commercial quantity, but on a careful consideration of the materials placed on record on the face of the rival submissions and applying the law laid down by the Apex Court in Narcotic Control Bureau vs. Kashif;(2024) SCC Online SC 3848, this Court considers that the petitioners have not been able to satisfy the conditions of Sec. 37 of NDPS Act and, therefore, their bail applications merit no consideration.

Hence, the bail applications of the petitioners namely Sayed Imtiyaz (BLAPL No. 257 of 2024) and Rati Ranjan Routray @ Rout (BLAPL No. 9074 of 2024) stand rejected. Accordingly, these BLAPLs stand disposed of.

6. Issue urgent certified copy of the order as per Rules.

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