Sumanta Kumar Barik @ Godhi Vs State of Odisha — Bail and Remand | Orissa HC (2025)

Sumanta Kumar Barik @ Godhi Vs State of Odisha — Bail and Remand | Orissa HC (2025)

What the court decided

AI extract

Outcome

Petitioner released on bail in T.R. Case No. 50 of 2025 on furnishing a bail bond of Rs.50,000/- with two local solvent sureties each for the like amount, to the satisfaction of the learned trial Court, with further conditions as the Court below deems just and proper, including that the petitioner shall not indulge in criminal activities and shall appear before the trial Court on each posting date; violation entails cancellation of bail.

Issue for consideration

Whether the petitioner, arraigned for an offence under section 21(b) of the N.D.P.S. Act (Excise P.R No. 45 of 2025 / T.R. Case No. 50 of 2025), is entitled to release on bail under section 483 of the B.N.S.S., given that the quantity of heroin stated to have been seized from him is lesser than commercial quantity so that the bar under section 37 of the N.D.P.S. Act is not applicable.

Court's answer

The Court, having considered that the petitioner was in judicial custody since 10.05.2025, that the quantity of heroin seized from him was lesser than commercial quantity (so the section 37 N.D.P.S. Act bar did not apply), that the final P.R. had been submitted, and after hearing the State, released the petitioner on bail in T.R. Case No. 50 of 2025 on a bond of Rs.50,000/- with two local solvent sureties each for the like amount, with conditions including abstention from criminal activities and appearance on each trial date.

Ratio / Principle

In granting bail, the Court accepted the ground that the quantity of heroin seized from the petitioner is lesser than commercial quantity and therefore the bar under section 37 of the N.D.P.S. Act is not applicable (ground urged by counsel for the petitioner and considered by the Court).

Detailed headnote1 paragraphs

Bail — application under section 483 of the B.N.S.S. in a case under section 21(b) of the N.D.P.S. Act (S.I. of Excise, District Mobile Unit Khordha P.R No. 45 of 2025 / T.R. Case No. 50 of 2025, pending before the 1st Additional Sessions Judge-cum-Special Judge under NDPS Act, Khordha) — earlier bail prayer rejected by the Special Court on 15.05.2025 — High Court (S.K. Sahoo, J.) granted bail on the grounds that the quantity of heroin stated to have been seized from the petitioner is lesser than commercial quantity, so the bar under section 37 of the N.D.P.S. Act is not applicable, the final P.R. has been submitted, and the petitioner is in judicial custody since 10.05.2025 — bail on bond of Rs.50,000/- with two local solvent sureties each for the like amount, subject to conditions (no criminal activities; appearance on each trial date); violation entails cancellation — BLAPL disposed of (order dated 22.08.2025).

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.7939 of 2025

Sumanta Kumar Barik @ …. Petitioner Godhi

Mr.P.K. Khatei, Advocate

-versus-

State of Odisha

…. Opp. Party

Mr.Partha Sarathi Nayak, AGA

CORAM:

JUSTICE S.K. SAHOO

ORDER

Order No.

22.08.2025

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

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

This is an application for bail under section 483 of the B.N.S.S. in connection with S.I. of Excise, District Mobile Unit Khordha P.R No. 45 of 2025 corresponding to T.R. Case No. 50 of 2025 pending in the file of learned 1^st Additional Sessions Judge -cum- Special Judge under NDPS Act, Khordha for commission of offence under section 21 (b) of N.D.P.S.

The prayer for bail of the petitioners was rejected by the learned 1^st Additional Sessions Judge -cum- Special Judge under NDPS Act, Khordha vide order dated 15.05.2025.

Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial

custody since 10.05.2025 and the quantity of heroine stated to have been seized from the possession of the petitioner is lesser than commercial quantity and therefore, the bar under section 37 of the N.D.P.S. Act is not applicable, final P.R. has already been submitted and on hearing the 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 a bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court below may deem just and proper including the conditions that the petitioner shall not indulge in any criminal activities and shall appear before the learned trial Court on each date to which the case would be posted for trial.

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

PKSahoo

Signature Not Verified

Digitally Signed Signed by: PRAMOD KUMAR SAHOO Reason: Authentication Location: HIGH COURT OF ORI SSA Date: 22-Aug-2025 16:41:31

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