Satheesh C Vs State of Odisha

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.

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These are the bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Koraput GRPS PS Case No.05 of 2025 arising out of TR Case No.37 of 2025 pending in the Court of learned Addl. Sessions Judge-cum-Special Judge, Koraput for commission of offences punishable U/Ss. 20(b)(ii)(C) of the NDPS Act r/w Section 111 of BNSS, on the main allegation of possessing and attempting to transport 20 Kgs and 100 Grams of Contraband Ganja

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in a train and thereby committing organized crime, along with co-accused persons.

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Heard, Ms. Agnisikha Ray, learned counsel for the Petitioners and Mr. R.B. Mishra, learned Additional Public Prosecutor in the matter and perused the record. 5. Admittedly, the Petitioners are in custody since 11.02.2025 and in the meantime, charge sheet has been submitted. No doubt 20 Kgs and 100 Grams of Contraband Ganja has been shown to have been jointly seized from the possession of two persons who are the Petitioners before this Court, but the seizure list indicates recovery of separate quantity of Contraband Ganja from the trolley bag possessed by each of the two Petitioners. However, the individual possession of Contraband article of the Petitioners is not for any commercial quantity, rather the same is for intermediate quantity. In the aforesaid situation and circumstance, as to whether the bar as prescribed U/S. 37 of NDPS Act would be applicable or not is a question cannot be considered clearly at this stage without the trial since individual possession of Contraband article does not come under commercial quantity. Further, it is claimed that the Petitioners are not having any criminal antecedent of similar nature. In the peculiar facts and circumstances of the case, this Court considers that the conditions of Sec. 37 of NDPS Act may be dispensed with for the Petitioners at this stage.

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For the reasons stated hereinabove and taking into account the custody period of the Petitioners, this Court without expressing any view on merits, admits the petitioners to bail.

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Hence, the bail application of the petitioners namely Satheesh C and Abed @ Suman Hial in BLAPL Nos. 2569 & 2590 of 2025 stand allowed and they are allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) only with two solvent sureties for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it.

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The aforesaid order is subject to verification of the criminal antecedent of the Petitioner(s) and in case any criminal antecedent is found against any of them, the benefit of this order shall not be extended to such petitioner(s) without seeking leave of the Court.

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