Sushil Kumar Pradhan vs State Of Odisha …. Opposite Party on 27 April, 2026

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    Orissa High Court

    Sushil Kumar Pradhan vs State Of Odisha …. Opposite Party on 27 April, 2026

    Author: V. Narasingh

    Bench: V. Narasingh

                      IN THE HIGH COURT OF ORISSA AT CUTTACK
                                BLAPL No. 2570 of 2026
    
                     Sushil Kumar Pradhan ....             Petitioner
                     @ Sushil Ku. Pradhan
                                       Mr. T.P. Mohapatra, Advocate
    
                                        -versus-
    
                 State of Odisha               ....     Opposite Party
    
                                                    Mr. P.K. Ray, AGA
    
                              CORAM: JUSTICE V. NARASINGH
                                       ORDER
    

    27.04.2026
    Order No.

    01. 1. Heard learned counsel for the Petitioner and
    learned counsel for the State.

    SPONSORED

    2. The Petitioner is an accused in connection with
    Spl. G.R Case No.77 of 2025, pending on the file of
    learned Addl. Sessions Judge-cum-Spl. Judge,
    Malkangiri, arising out of Orkel P.S. Case No.153 of
    2025 for commission of the alleged offence under
    Sections 20(b)(ii)(C)/25/27-A/29 of NDPS Act.

    3. Learned counsel, on instruction, submits that
    except the present BLAPL, no other bail application of
    the Petitioner relating to the aforementioned P.S.
    case is pending in any other Court.

    Page 1 of 4

    4. Being aggrieved by the rejection of his
    application for bail U/s.483 of the Bharatiya Nagarik
    Suraksha Sanhita (BNSS) by the learned Additional
    Sessions Judge-cum-Special Judge, Malkangiri by
    order dated 27.02.2026 in the aforementioned case,
    the present BLAPL has been filed.

    5. This is the second journey of the Petitioner to
    this Court. Petitioner has moved this Court in BLAPL
    No.7133 of 2025 and this Court by order dated
    08.01.2026 while not entertaining the bail application
    of the Petitioner, had taken note of the very
    contention, which is being raised, by the Petitioner in
    the present bail application regarding the discrepancy
    in the seizure.

    For convenience of reference the relevant
    paragraph of the earlier order is extracted hereunder;

    “xxx xxx xxx

    6. It is not out of place to mention, at the
    time of consideration of bail application, the
    procedure or formality relating to search and
    seizure cannot be ascertained precisely, but
    the same can be ascertained during trial after
    evidence being led, however, prima facie
    seizure of article can be looked into. On the
    other hand, according to Sec.37 of NDPS Act,
    no person accused of offence under NDPS Act
    involving commercial quantity shall be

    Page 2 of 4
    released on bail, when Public Prosecutor
    opposes the bail application of such accused
    person; unless the Court satisfied that there
    are reasonable grounds for believing that the
    accused is not guilty of the offence and he is
    not likely to commit offence while on bail. In
    this case, the quantity of Contraband Ganja
    seized is 1190Kgs, but on going through the
    materials placed on record, this Court hardly
    finds the petitioners to have satisfied the
    conditions of Sec.37 of NDPS Act, which is
    sine qua non for grant of bail to an accused of
    NDPS Act involving commercial quantity. In
    view of the above facts and taking into
    consideration the quantity of Contraband
    Ganja seized in this case and the failure of
    the petitioners to satisfy the conditions of
    Sec.37 of NDPS Act, this Court is not inclined
    to grant bail to the petitioners.

    xxx xxx xxx”

    6. The allegation against the Petitioner is that he
    along with the co-accused were involved in
    possession of contraband (Ganja) to the tune of
    1190Kgs.

    7. Learned counsel for the State opposes the
    prayer for bail.

    8. Taking into account the nature of allegation
    and the contraband being to the tune of 1190 kgs, in

    Page 3 of 4
    view of the bar contained in Section 37(1)(b)(ii), this
    Court is not inclined to entertain this bail application
    at this stage.

    9. Learned Court in seisin is requested to
    expedite the trial, since it is stated that the Petitioner
    is in custody from 27.05.2025.

    10. Accordingly, the BLAPL stands disposed of.

    (V. NARASINGH)
    Judge
    Ayesha

    Signature Not Verified
    Digitally Signed
    Signed by: SANTOSHI LENKA
    Reason: Authentication
    Location: High Court of Orissa, Cuttack
    Date: 29-Apr-2026 20:07:51

    Page 4 of 4



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