Authority: High Court of Odisha at Cuttack

Order Date: 29.06.2026

Case Overview

  • Petitioner: Luta Nayak; Opposite Party: State of Odisha.
  • Bail application filed under Section 483 of the BNSS for alleged offences under Sections 20(b)(ii)(C), 25 and 29 of the NDPS Act.
  • Reference cases: Mohana PS Case No.145 of 2025 and GR Case No.68 of 2025, pending before the Sessions Judge‑Cum‑Special Judge, Gajapati, at Paralakhemundi.
  • Allegation: Transport of 720 kg of contraband ganja in an Ashok Leyland pick‑up (Registration No. OD‑07‑AJ‑7214).
  • Petitioner's counsel (Gautam Misra, Senior Advocate) argued that the FIR was registered against unknown persons, the true vehicle owner is Santosh Kumar Rana, and that a notarial agreement between Rana and Sasmita Padhi differs in signature from the agreement allegedly executed between the petitioner and Sasmita Padhi, suggesting a material discrepancy.
  • Counsel also mentioned two other criminal cases against the petitioner (not related to NDPS offences) that were inadvertently omitted from the bail application.
  • Additional Public Prosecutor T.K. Acharya presented a witness statement asserting that the petitioner was using the vehicle on the alleged date, thereby satisfying the prima facie material for transporting a commercial quantity of ganja and failing to meet the conditions of Section 37 of the NDPS Act.
  • The Court noted that the bail application had previously been rejected on 22.01.2026 and that the charge‑sheet was filed on 02.03.2026.
  • The primary evidence against the petitioner is the statement of Sasmita Padhi, who has not yet been examined in trial; the signature discrepancy in the two notarial documents remains to be assessed.
  • The quantity seized (720 kg) exceeds the statutory definition of commercial quantity, invoking the stringent bail provisions of Section 37 NDPS.
  • The petitioner’s involvement in two other criminal cases, though unrelated, was acknowledged by the Court.

Final Outcome

  • The Court finds that the petitioner has not satisfied the conditions of Section 37 of the NDPS Act and therefore rejects the bail application.
  • The bail petition (BLAPL) is disposed of.
  • The petitioner may file a fresh bail application after the witness Sasmita Padhi is examined in the trial.
  • A copy of the order is to be transmitted to the learned court in seisin over the matter.

Topics: NDPS Bail, Drug Trafficking, Court Proceedings