IN THE HIGH COURT OF ORISSA AT CUTTACK Chandan Kumar Ghadei (In BLAPL No.1909 of 2026) Bibhu Prasad Acharya (In BLAPL No. 1934 of 2026) … Petitioners Mr. S.S. Dash, Advocate (In BLAPL No. 1909 of 2026) Mr. A.S. Paul, Advocate (In BLAPL No. 1934 of 2026) -versus- State of Odisha … Opposite Party Mr. P. Satpathy, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) : 27.04.2026 02. 1. Since these two 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. 2. These are bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Special Crime Unit P.S. Case No. 09 of 2024 corresponding to T.R. Case No. 425 of 2024 pending in the file of learned 2nd Addl. Sessions Judge, Bhubaneswar, for commission of offences punishable U/S.20(b)(ii)(C)/ 29 of the NDPS Act, on the main allegation of transporting 71Kgs of Contraband Ganja in an Indigo ECS Car bearing Regd. No.OD-21-E-2007. 3. Heard, Mr. Sudhansu Sekhar Dash, learned counsel for the petitioner in BLAPL No. 1909 of 2026, Mr. Amlan Shakti Paul, learned counsel for the petitioner in BLAPL No. 1934 of 2026 and Mr. P. Satpathy, learned Addl. PP in these matters and perused the record together with the copy of deposition of two witnesses. On being queried about the criminal antecedents of the petitioners, Mr. Dash and Mr. Paul jointly volunteer to withhold bail to the petitioners, if they are found to have any criminal antecedent of similar nature for commission of offence under NDPS Act. 4. After having considered the rival submissions upon perusal of record, there appears allegation against the petitioners for possessing 71Kgs of Contraband Ganja in an Indigo ECS car, but prima facie it appears that the petitioners were not the occupants of the car at the time of detection. Besides, the petitioners were in custody since 30.07.2024 and there are 25 charge sheeted witnesses, but only two have been examined. No doubt delay cannot be a ground to displace the conditions of Sec. 37 of NDPS Act, but the Court is at liberty to record satisfaction thereon after going through the materials placed on record. Further, it is claimed that the petitioners were not having any criminal antecedent of similar nature. In this case, after hearing the learned counsel for the parties and on going through the materials placed on record, it is observed that the petitioners would be considered to have satisfied the conditions of Section 37 of NDPS Act, if they are not having any criminal antecedent of similar nature. 5. For the reasons stated hereinabove and taking into account the custodial period of the petitioners, this Court without expressing any view on merit, admits each of the petitioners to bail, but subject to verification of their criminal antecedents for similar nature for commission of offence under NDPS Act. 6. Hence, these two bail applications of the petitioners namely Chandan Kumar Ghadei (BLAPL No. 1909 of 2026) and Bibhu Prasad Acharya (BLAPL No. 1934 of 2026) stand allowed and each of the petitioners is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) each with two solvent sureties for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it. In view of the specific submission advanced for the petitioners, the benefit of the aforesaid order shall not be extended to the concerned petitioner(s), if he/they is/are found to have criminal antecedent(s) of similar nature for commission of offence under NDPS Act. 7. Accordingly, these BLAPLs stand disposed of. Issue urgent certified copy of the order as per Rules. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference. (G. Satapathy) Judge S.Sasmal Designation: Jr. Stenographer