BLAPL/6997/2026 of AMZAD KHAN Vs STATE OF ODISHA on 3 September 2026

1. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Crime Branch Cuttack, STF Case No.23 of corresponding to Spl. Case No.267 of 2022 pending in the file of learned Additional District and Sessions Judge-cum-Spl. Judge, Balasore for commission of offences punishable U/Ss.21(C)/29 of the NDPS Act, on the main allegation of possessing 1 Kgs and 60 Grams of Brown Sugar, along with two co-accused persons.

2. In the course of hearing, Mr. Ajaya Kumar Rout, learned counsel for the Petitioner submits that although the Petitioner has been shown to have been in unauthorized possession of 1Kgs and 60 Grams of Brown Sugar, but he has in fact taken lift on the motor cycle of the principal accused SK.Raju @Raju, however, at the time of detection of Contraband article, the said accused fled away from the spot and thereby, the recovery was from the motor cycle and, therefore, the Petitioner has no role in transportation of Contraband article. On the aforesaid submission, Mr. Rout prays to grant bail to the Petitioner.

2.1. On the other hand, Mr. C. Mahanty, learned Addl. PP by highlighting the facts of the case and the criminal antecedent of the Petitioner in Khantapada PS Case No. 189 of 2021 submits that not only the Petitioner has failed to satisfy the conditions of Sec. 37 of NDPS Act, but also he has concealed his antecedent and thereby, he is not entitled to discretionary relief of bail. Accordingly, Mr. Mohanty prays to reject the bail application of the Petitioner.

3. After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the accusations sought to be brought against him and regard being had to the recovery and seizure of 1 Kgs and 60 Grams of Brown Sugar allegedly from the possession of the Petitioner and his consequent failure to satisfy the conditions of Sec. 37 of NDPS Act, which is sine qua non for grant of bail to an accused for commission of offence under NDPS Act involving commercial quantity and taking into account the copy of deposition of the witnesses so far examined which are supplied to this Court by learned counsel for the

Petitioner, this Court is not inclined to grant bail to the Petitioner.

4. Hence, the bail application of the petitioner stands rejected. Accordingly, the BLAPL stands disposed of. A soft copy of this order be immediately transmitted to the learned trial Court.

(G. Satapathy)

Judge Priyajit Digitally Signed Signed by: PRIYAJIT SAHOO Designation: Sr. Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA Date: 03-Sep-2026 19:44:51 Signature Not Verified