Orissa High Court
Pradeep Majhi vs State Of Odisha ... Opposite Party on 6 May, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
Pradeep Majhi ... Petitioners
(in BLAPL No.64 of 2025)
Samuel Raita
(in BLAPL No.69 of 2025)
Adam Raita
(in BLAPL No.2690 of 2025)
Johan Majhi & Another
(in BLAPL No.2953 of 2025)
Mr. R.R. Ray, Advocate
(in BLAPL Nos. 64 & 69 of 2025)
Mr. B.R. Das, Advocate
(in BLAPL Nos. 2690 & 2953 of 2025)
-versus-
State of Odisha ... Opposite Party
Mr. A. Pradhan, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
Order No. 06.05.2025 03. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. Since these four bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties.
3. These are the bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with R. Udayagiri P.S. Case No.91 of 2023 corresponding to G.R. Case No.78 of 2023 pending in Page 1 of 3 the file of learned Sessions Judge-cum-Special Judge, Gajapati, Paralakhemundi, for commission of offences punishable U/S. 20(b)(ii)(C) of NDPS Act, on the allegation of possessing 242Kgs of Contraband Ganja.
4. Heard, Mr. Rohit Ranjan Ray, learned counsel for the petitioners in BLAPL Nos.64 & 69 of 2025; Mr. Biwa Ranjan Das, learned counsel for the petitioners appearing virtually in BLAPL Nos.2690 & 2953 of 2025 and Mr. A. Pradhan, learned Addl. Public Prosecutor in the matter and perused the record. At the outset Mr. Ray, learned counsel submits that these are the 2nd bail applications of petitioner Pradeep Majhi (BLAPL No.64 of 2025) and Samuel Raita (BLAPL No.69 of 2025), but no bail applications of the petitioners are pending before any other forum except aforesaid BLAPLs. It is, however, contended by the learned counsel for the parties that the petitioners were neither apprehended from the spot nor was any Contraband Ganja seized from their exclusive possession and thereby, the petitioners have satisfied the conditions of Section 37 of NDPS Act and they having detained in custody for less than one year, may kindly be granted bail.
5. After having considered the rival submissions and taking into consideration the nature and gravity of the offence as alleged against the petitioners and regard being had to the involvement of the petitioners-Pradeep Majhi and Samuel Raita in Page 2 of 3 another case from which they have been remanded to this case and taking into account the other circumstances on record in entirety including the statement of the witnesses, who have seen these accused-petitioners to have fled away from the spot at the time of raid and keeping in view seizure of 242 Kgs of Contraband Ganja which is well above the commercial quantity and the consequent failure of the Petitioners to satisfy the conditions of Section 37 of NDPS Act, this Court is not inclined to grant bail to any of the petitioners.
6. Hence, the bail applications of each of the petitioners namely Pradeep Majhi in BLAPL No.64 of 2025, Samuel Raita in BLAPL No. 69 of 2025, Adam Raita in BLAPL No.2690 of 2025 and Johan Majhi & Rabindra Raita in BLAPL No. 2953 of 2025 stand rejected. In view of the alternative oral prayer as advanced for the petitioners, trial be expedited, if there is no other legal impediment.
7. Accordingly, BLAPL Nos. 64, 69, 2690 & 2953 of 2025 stand disposed of.
8. Issue urgent certified copy of the order as per Rules. A copy of this order be immediately transmitted to the learned trial Court for compliance.
(G. Satapathy) Judge S.Sasmal Signature Not Verified Digitally Signed Signed by: SUBHASMITA SASMAL Page 3 of 3 Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 07-May-2025 13:58:35