ABHI CHANDAN v. STATE OF ODISHA
Court: High Court of Orissa
Bench: MR. JUSTICE GOURISHANKAR SATAPATHY
Judgment date:
Case summary
High Court of Orissa judgment dated 2025-12-01. ABHI CHANDAN v. STATE OF ODISHA. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 11356 of 2025 Abhi Chandan … Petitioner Mr. C. Behera, Advocate -versus- State of Odisha … Opposite Party Mr. M. R. Patra, Addl. PP CORAM: JUSTICE G. SATAPATHY ORDER(ORAL) 01. 12. 2025 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is a bail application U/S. 483 of the BNSS by the petitioner for grant of bail in connection with CT Case No. 71 of 2025 arising out of Phulbani Sadar PS Case No. 85 of 2025 pending in the Court of learned District & Sessions Judge-cum-Special Judge, Phulbani for commission of offences punishable U/Ss. 20(b)(ii)(C) r/w Sections 25/29 of the NPDS Act, on the allegation of transporting 75 Kgs of Contraband Ganja in a Scorpio vehicle bearing Regd. No. CD-02-BQ-5658. 3. In the course of hearing, Mr.
Chhabi Behera, learned counsel for the Petitioner submits that six persons were there inside the scorpio vehicle, but the Petitioner was not having any knowledge regarding transportation of Contraband Ganja in the said vehicle and thereby, he having satisfied the conditions of Sec. 37 NDPS Act, may kindly be granted bail by taking into account his pre-trial detention in custody. 3. 1. On the other hand, Mr. M. R. Patra, learned Addl. Public Prosecutor, however, strongly opposes the bail application of the present Petitioner by resorting to Sec. 37 of NDPS Act and prays to reject the bail application of the Petitioner. 4.
After having considered the rival submissions upon perusal of record, there appears allegation against the Petitioner for transporting commercial quantity of Contraband Ganja in the Scorpio Vehicle, along with other co-accused persons, but whether the Petitioner was having requisite knowledge or not for transportation of Contraband article in the vehicle is a question of fact and can be ratiocinated in the trial after evidence being led, however, on going through the materials placed on record, this Court does not find the Petitioner to have satisfied the conditions of Sec. 37 of NDPS Act, which is sine qua none for grant of bail to an accused for commission of offences under NDPS Act involving commercial quantity. Hence, the bail application of the petitioner stands rejected. Accordingly, the BLAPL stands disposed of. Signature Not Verified Digitally Signed Signed by: PRIYAJIT SAHOO (G.
Satapathy) Reason: Authentication Judge Location: HIGH COURT OF ORISSA Date: 02-Dec-2025 11:51:22 Priyajit
Source: High Court of Orissa. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.