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Jalendra Sahu v. State of Odisha

Orissa HC3 May 2025BLAPL/3120/2025

Case brief

AI extract

What is this about?

Odisha High Court, Cuttack; BLAPL No.3120 of 2025; Justice S.K. Sahoo; order dated 03.05.2025; bail granted under section 483 BNSS; NDPS Act sections 20(b)(ii)(B)/29; section 37 NDPS bar inapplicable as seized ganja 05 kgs. 105 grams below commercial quantity; petitioner in judicial custody since 11.02.2025; prior bail rejected 12.02.2025 by Special Judge-cum-Additional Sessions Judge, Aska; bail bond Rs.50,000 with two local solvent sureties; conditions incl. appearance on trial dates; violation entails cancellation.

What did the court decide?

Release of the petitioner on bail on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount, subject to conditions including appearance before the trial Court on each trial date and abstention from criminal activities; the BLAPL stands disposed of.

Jalendra Sahu Vs State of Odisha — Bail and Remand | Orissa HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, in judicial custody since 11.02.2025 in Dharakote P.S. Case No.64 of 2025, is entitled to bail, given that the ganja seized from him (05 kgs. 105 grams) is lesser than the commercial quantity and the bar under section 37 of the N.D.P.S. Act is therefore not applicable.

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Court's answer

Since the quantity of ganja seized from the possession of the petitioner (05 kgs. 105 grams) is lesser than the commercial quantity, the bar under section 37 of the N.D.P.S. Act is not applicable.

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Ratio / Principle

The petitioner is to be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- with two local solvent sureties each for the like amount, to the satisfaction of the Court in seisin over the matter, with further terms and conditions as the learned trial Court may deem just and proper.

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Key takeaways

Bail is subject to conditions including that the petitioner shall appear before the learned trial Court on each date to which the case is posted for trial and shall not indulge in any criminal activities; violation of any condition shall entail cancellation of bail.ratio¶21

Detailed headnote1 paragraphs

Bail application under section 483 of the B.N.S.S. (BLAPL No.3120 of 2025, High Court of Orissa at Cuttack, Justice S.K. Sahoo, order dated 03.05.2025) in connection with Dharakote P.S. Case No.64 of 2025 / G.R. Case No.04 of 2025(N) pending before the Additional Sessions Judge-cum-Special Judge, Aska, Ganjam, for offences under sections 20(b)(ii)(B)/29 of the N.D.P.S. Act. The petitioner's earlier bail application had been rejected by the Special Judge-cum-Additional Sessions Judge, Aska on 12.02.2025. Holding that the ganja seized from the petitioner (05 kgs. 105 grams) is lesser than the commercial quantity, the Court found the bar under section 37 of the N.D.P.S. Act inapplicable and released the petitioner on bail on a bond of Rs.50,000/- with two local solvent sureties each for the like amount, imposing conditions of attendance on every trial date and abstention from criminal activities, violation entailing cancellation of bail.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.3120 of 2025

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Jalendra Sahu

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Petitioner

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Mr. Gourav Mohanty, Advocate

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-versus-

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State of Odisha

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…. Opp. Party

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Mr. Aurobinda Mohanty, Addl. Standing Counsel

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CORAM:

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JUSTICE S.K. SAHOO

ORDER

Order No.

03.05.2025

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

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Heard learned counsel for the petitioner and learned counsel for the State.

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This is an application under section 483 of B.N.S.S. in connection with Dharakote P.S. Case No.64 of 2025 corresponding to G.R. Case No.04 of 2025(N) pending in the Court of learned Additional Sessions Judge -cum- Special Judge, Aska, Ganjam for alleged commission of offences under sections 20(b)(ii)(B)/29 of the N.D.P.S. Act.

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The petitioner moved an application for bail before the Court of learned Special Judge -cumAdditional Sessions Judge, Aska, which was rejected on 12.02.2025.

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Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 11.02.2025 and the quantity of ganja stated to have been seized from the possession of the petitioner is 05 kgs. 105 grams, which is lesser than the commercial quantity and therefore, the bar under section 37 of the N.D.P.S. Act is not applicable and on hearing the learned counsel for the State, I am inclined to release the petitioner on bail.

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Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000/(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction for the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper including the conditions that the petitioner shall appear before the learned trial Court on each date to which the case would be posted for trial and he shall not indulge in any criminal activities in any manner.

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Violation of any of the conditions shall entail cancellation of bail.

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Accordingly, the BLAPL is disposed of.

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Urgent certified copy of this order be granted on proper application. Signature Not Verified

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Digitally Signed Signed by: RABINDRA KUMAR MISHRA Reason: Authentication Location: HIGH COURT OF ORISSA, CU TTACK Date: 03-May-2025 18:22:51

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( S.K. Sahoo) CU TTACK Judge

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RKM