RUPESH SINGH BHESRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Tarva PS Case No.178 of 2025 corresponding to Spl. GR Case No.42 of 2025 pending in the file of learned District and Sessions Judge-cum-Special Judge, Sonepur, for commission of offences punishable U/Ss.20(b)(ii)(C)/25/29 of the NDPS Act, on the main allegation of transporting 9 Quintals 35 Kgs 140 Grams of Contraband Ganja in his vehicle by entering into conspiracy with co-accused persons.

(2.) In the course of hearing, Mr. Sudhanshu Sekhar Dash, learned counsel for the Petitioner submits that neither the Petitioner was apprehended from the spot nor was he the owner of the vehicle, rather the implication of the Petitioner in this case is on the basis of statement of principal accused Sudhir Guru and thereby, the Petitioner having satisfied the conditions of Sec. 37 of NDPS Act, he may kindly be granted bail.

(3.) After having considered the rival submissions upon perusal of record, there appears allegation against the Petitioner for entering into conspiracy with co-accused to use his vehicle for transportation of such a huge quantity of Contraband Ganja to the tune of 9 Quintals 35 Kgs 140 Grams, which is definitely coming under commercial quantity, but grant or refusal of bail for commission of offence under NDPS Act involving commercial quantity is governed by Sec. 37 of NDPS Act, which prescribes that no person accused of offence under NDPS Act involving commercial quantity shall be released on bail, where Public Prosecutor opposes such bail application; unless the Court is satisfied that there are reasonable grounds for believing that the accused is not guilty of the offence and he is unlikely to commit offence while on bail. In this case, no doubt the Petitioner has taken the plea that he was not picked up by the Police personnel from the spot, but the materials placed on record including the statement of that Rabindra Putel makes the allegation against the Petitioner about his involvement in commission of offence under NDPS Act for commercial quantity and he is thereby, required to satisfy the conditions of Sec. 37 of NDPS Act. In this context, this Court feels it proper to refer to the decision of the Apex Court in Union of India Vrs. Ajay Kumar Singh @ Pappu; (2023) SCC OnLine SC 346, wherein the Apex Court while setting aside the order granting bail to the accused therein has inter-alia observed the following facts in paragraphs-9 & 11, which reads as under:-