CourtKutchehry.com
High CourtsSingle Bench

Tunu Agrawal vs State Of Odisha

Orissa High Court · Decided on 13 March 2026 · Citation: (2026) 03 OHC CK 1044

HON’BLE JUDGES
G. Satapathy, J
ACTS & SECTIONS REFERRED
Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 20(b)(ii)(C), 21(a), 21(b) · Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 483 · Bharatiya Nyaya Sanhita, 2023 — Section 111(4) · Indian Penal Code, 1860 — Section 392, 399, 402 · Arms Act, 1959 — Section 25
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 913 Of 2026
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

11 paragraphs · 399 words

G. Satapathy, J

1.

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2.

This is an application U/S.483 of BNSS by the petitioner for grant of bail in connection with Jonk P.S. Case No.70 of 2025 corresponding to SA Case No.08 of 2025 pending in the file of learned District & Sessions Judge-cum-Special Judge, Nuapada for commission of offences punishable U/Ss.111(4) of the BNS r/w. Section 20(b)(ii)(C)/21(b) of the NDPS Act, on the allegation of possessing 30Kgs 270Grams of Contraband Ganja, 83 numbers of Eskuf Cough Syrup & 20 numbers of Winserex Cough Syrup bottles, 115 strips of SPASMO PROXYVON @ PLUS tablet each containing 24 tablets, 20 strips of NITROSUN @ 10 tablets each strip containing 20 tablets and 9 numbers of pentazocine lactate injection-IP etc.

3.

Heard, Mr. Braja Kishor Panda, learned counsel for the petitioner and Mr. M.R.Patra, learned Addl. Public Prosecutor in the matter and perused the record.

4.

The petitioner has admittedly stated in his bail application about his involvement in following cases:-

(i) Jonk PS Case No. 149 of 2025 U/Ss. 399/402 of IPC.

(ii) Jonk PS Case No. 86 of 2017 U/Ss. 392 of IPC.

(iii) Jonk PS Case No. 128 of 2017 U/Ss. 399/402 of IPC r/w. Sec. 25 of Arms Act.

(iv) Nuapada PS Case No. 82 of 2019 U/Ss. 21(a) of NDPS Act.

It is also not disputed that the petitioner has been implicated in this case for offence under NDPS Act involving commercial quantity and he is thereby required to satisfy the conditions of 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 the aforesaid backdrop, especially when the petitioner is allegedly involved in four other criminal cases, out of which one is for similar in nature and considering the other materials placed on record, this Court hardly finds the petitioner to have satisfied the conditions of Sec. 37 of NDPS Act.

5.

Hence, the bail application of the petitioner stands rejected. Accordingly, the BLAPL stands disposed of. A copy of this order be immediately communicated to the learned trial Court.