Prakash Jhankar Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2025)

Prakash Jhankar Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2025)

What the court decided

AI extract

Outcome

Bail granted: petitioner to be released on furnishing bail bond of Rs.50,000/- with two local solvent sureties each for the like amount, with conditions (appearance on each trial date, no criminal activities, no tampering with prosecution evidence); violation of any condition shall entail cancellation of bail.

Issue for consideration

Whether the petitioner, in judicial custody since 24.03.2025 in T.R. Case No.148 of 2025 for an offence under section 20(b)(ii)(B) of the N.D.P.S. Act, is entitled to bail on the ground that the 15 kg of ganja seized from his conscious possession is lesser than the commercial quantity, so that the bar under section 37 of the N.D.P.S. Act is not applicable.

Court's answer

The quantity of contraband ganja seized from the conscious possession of the petitioner is 15 kg., which is lesser than the commercial quantity; therefore, the bar under section 37 of the N.D.P.S. Act is not applicable.

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, subject to terms and conditions deemed fit by the trial court, including appearance before the trial court on each posting date, abstention from criminal activities and non-tampering with prosecution evidence; violation of any condition shall entail cancellation of bail.

Detailed headnote1 paragraphs

Bail application under section 483 of B.N.S.S. allowed by the High Court of Orissa at Cuttack (Justice S.K. Sahoo, 15.05.2025) in BLAPL No.4965 of 2025: petitioner in judicial custody since 24.03.2025 for offence under section 20(b)(ii)(B) of the N.D.P.S. Act (T.R. Case No.148 of 2025, Sessions Judge-cum-Special Judge, Khurda), whose earlier bail application was rejected on 04.04.2025. Held that the 15 kg of contraband ganja seized from his conscious possession is lesser than the commercial quantity, so the bar under section 37 of the N.D.P.S. Act is not applicable. Release ordered on bail bond of Rs.50,000/- with two local solvent sureties, subject to conditions including attendance on every trial date, abstention from criminal activities and non-tampering with prosecution evidence; violation entails cancellation of bail.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.4965 of 2025

Prakash Jhankar

Petitioner

Mr. Santosh Kumar Dwivedy, Advocate

-versus-

State of Odisha

…. Opp. Party

Mr. P.S. Nayak, Addl. Govt. Advocate

CORAM:

JUSTICE S.K. SAHOO

ORDER

Order No.

15.05.2025

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

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

Signature Not Verified

Digitally Signed Signed by: SIPUN BEHERA Designation: Senior StenographerReason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 16-May-2025 17:23:18

This is an application under section 483 of B.N.S.S. in connection with Bhubaneswar Range-1, P.R. No.172 of 2024-25 corresponding to T.R. Case No.148 of 2025 pending in the Court of learned Sessions Judge -cum- Special Judge, Khurda for the offence punishable under section 20(b)(ii)(B) of the N.D.P.S. Act.

The petitioner moved an application for bail before the Court of learned Sessions Judge -cumSpecial Judge, Khurda, which was rejected on 04.04.2025.

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Considering the submissions made by the learned counsel for the petitioner that the petitioner is in judicial custody since 24.03.2025 and the quantity of contraband ganja which has been seized from the conscious possession of the petitioner is 15 kg., 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 learned counsel for the State, I am inclined to release the petitioner on bail.

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 of 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 is posted for trial, shall not indulge in any criminal activities and shall not try to tamper with the prosecution evidence.

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

The BLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo)

Judge

sipun

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