Been John Nayak @ Bitu Bijan Nayak Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2025)

Been John Nayak @ Bitu Bijan Nayak Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2025)

What the court decided

AI extract

Outcome

Bail application allowed: the Petitioner is admitted to bail and allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) only with one solvent surety for the like amount, to the satisfaction of the learned Court in seisin of the case, on such terms and conditions as deemed fit and proper by it; the BLAPL accordingly stands disposed of.

Issue for consideration

Whether the petitioner, implicated in transporting 102 Kgs of Contraband Ganja and chargeable under Section 20(b)(ii)(C) NDPS Act, satisfies the conditions of Section 37 of NDPS Act so as to be granted bail through the present application under Section 483 BNSS, particularly in light of bail already granted to co-accused persons.

Court's answer

The Court considers that the petitioner has satisfied the conditions of Section 37 of NDPS Act, taking into account that the petitioner was neither apprehended from the spot nor found in conscious possession of any Contraband article at the time of his apprehension, the materials placed on record, the mode and manner of his implication, and the grant of bail by different Co-ordinate Benches to similarly placed co-accused (Dillip Khora, Aswini Naik @ Aswini Kumar Nayak @ Nasir and Debendra Nag).

Ratio / Principle

Taking into account the custody period of the petitioner and the grant of bail to co-accused persons, the Court, without expressing any view on merits, admits the petitioner to bail.

Detailed headnote1 paragraphs

NDPS Act — Bail under Section 483 BNSS — Section 37 conditions satisfied. (High Court of Orissa at Cuttack, BLAPL No.3911 of 2025, oral order dated 07.08.2025, Justice G. Satapathy.) Petitioner Been John Nayak @ Bitu Bijan Nayak, prosecuted under Section 20(b)(ii)(C) NDPS Act in Jeypore Sadar P.S. Case No.136 of 2021 / T.R. Case No.58(A) of 2021 before the learned Sessions Judge-cum-Special Judge, Koraput, Jeypore, for allegedly transporting 102 Kgs of Contraband Ganja in a Mahindra XUV-500 Car without Regd. No. along with co-accused, sought bail. The Court observed that the petitioner was neither apprehended from the spot nor found in conscious possession of any Contraband article at his apprehension, and that co-accused Dillip Khora (BLAPL No.11163 of 2021), Aswini Naik @ Aswini Kumar Nayak @ Nasir (BLAPL No.7914 of 2021) and Debendra Nag (BLAPL No.5334 of 2022) had already been granted bail by different Co-ordinate Benches. Holding the Section 37 NDPS Act conditions satisfied, and weighing the custody period, the Court admitted the petitioner to bail on a Rs.1,00,000 bond with one solvent surety, expressly without expressing any view on merits, and disposed of the BLAPL.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.3911 of 2025

Been John Nayak @ Bitu Bijan Nayak

Petitioner

Mr. S. Dash, Advocate

-versus-

State of Odisha

… Opposite Party

Mr. A. Pradhan, Addl. PP

CORAM:

JUSTICE G. SATAPATHY

Order No.

03.

ORDER(ORAL) 07.08.2025

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

This is an application U/S.483 of BNSS by the petitioners for grant of bail in connection with Jeypore Sadar P.S. Case No.136 of 2021 corresponding to T.R. Case No.58(A) of 2021 pending in the file of learned Sessions Judge-cum-Special Judge, Koraput, Jeypore, for commission of offences punishable U/S.20(b)(ii)(C) of NDPS Act, on the allegation of transporting 102Kgs of Contraband Ganja in a Mahindra XUV-500 Car without Regd. No. along with co-accused persons.

Heard, Mr. Suryakanta Dash, learned counsel for the petitioner and Mr. A. Pradhan, learned Addl. Public Prosecutor in the matter and perused the record.

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Admittedly, the petitioner was neither apprehended from the spot nor was found in conscious possession of any Contraband article at the time of his apprehension. Besides, co-accused Dillip Khora (BLAPL No. 11163 of 2021) and Aswini Naik @ Aswini Kumar Nayak @ Nasir (BLAPL No. 7914 of 2021), who were allegedly found in possession of Contraband article, have already been granted bail by different Co-ordinate Benches of this Court along with co-accused Debendra Nag (BLAPL No. 5334 of 2022). In such view of the matter and taking into consideration the materials placed on record and the mode and manner of implication of the present petitioner in this case, this Court considers that the petitioner has satisfied the conditions of Section 37 of NDPS Act.

For the reasons stated hereinabove and taking into account the custody period of the petitioner and grant of bail to co-accused persons, this Court without expressing any view on merits, admits the petitioner to bail.

Hence, the bail application of the Petitioner stands allowed and the Petitioner is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/(Rupees One Lakh) only with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deems fit and proper by it.

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Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

(G. Satapathy) Judge

S.Sasmal

Signature Not Verified

Digitally Signed Signed by: SUBHASMITA SASMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 08-Aug-2025 11:30:04

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