IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2386 of 2025 Pratap Kishore Barik @ Pratap Kishor Barik …. Petitioner(s) Mr. Jugala Kishore Panda, Adv. -versus- State of Odisha …. Opposite Party(s) Mr. Tapas Kumar Acharya, ASC CORAM: HON’BLE DR.JUSTICE S.K. PANIGRAHI Order No. ORDER 24.04.2025 F.I.R. No. Dated Police Station Case No. and Courts’ Name Sections P.R No.143 22.11.2024 G. Udayagiri Excise Police Station 2 (a) CC Case No.49 of 2024 arising out of G. Udayagiri P.R. Case No.143 of 2024-25 dated 22.11.2024 pending in the Court of learned Special Judge- cum-Additional District and Sessions Judge, Balliguda Sections 20(b)(ii)(C) of NDPS Act, 1985. 01. 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the Petitioner and learned counsel for the State. Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 29-Apr-2025 18:48:06 Signature Not Verified 3. The Petitioner being in custody in connection with 2 (a) CC Case No.49 of 2024 arising out of G. Udayagiri P.R. Case No.143 of 2024-25 dated 22.11.2024 pending in the Court of learned Special Judge-cum-Additional District and Sessions Judge, Balliguda registered for the alleged commission of offence under Sections 20(b)(ii)(C) of the N.D.P.S Act, has filed this application for his release on bail. 4. The brief fact of the case is that during course of patrolling duty on 22.11.2024 at about 11 P.M. near Kalinga Chhack, the OIC of Excise, G. Udayagiri along with his staff noticed one white color Maruti Suzuki Wagnor bearing registration No.OR-02-BB-0733. On suspicion they detained the said vehicle. On search, the Excise personnel seized 21 kilograms of Ganja from the said vehicle. Accordingly, the Petitioner was arrested and has been languishing in custody since 22.11.2024. 5. Learned counsel for the Petitioner contends that the Petitioner is an innocent person and he has been falsely implicated in this case. He further contends that the co- accused person has already been released on bail vide order dated 18.03.2025 passed in BLAPL No.856 of 2025. He, accordingly, prays for permitting the Petitioner to be released on bail. 6. Learned counsel for the State vehemently opposes the prayer for bail of the Petitioner. Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 29-Apr-2025 18:48:06 Signature Not Verified 7. Considering the submissions made on behalf of both the parties and since the co-accused person has already been released on bail, this Court without going into the merits of the case, directs the court in seisin over the matter to release the present Petitioner on bail in the aforesaid case on some stringent terms and conditions with further conditions that: i. the Petitioner shall appear before the concerned local Police Station in every fortnight between 10.00A.M. to 1.00P.M. till conclusion of the trial; ii. the Petitioner shall not indulge himself in any criminal activities in future; iii. the Petitioner shall not tamper the evidence of the prosecution witnesses in any manner; iv. the Petitioner after the onset of monsoon, shall plant 200 saplings of local variety like mango, neem, tamarind etc. in and around his village over the Government land/ community land/ private land, if it is in the possession of the Petitioner or his family members. Violation of any of the above conditions shall entail cancellation of the bail. 8. The District Nursery/D.F.O shall extend the helping hand by supplying the saplings to the Petitioner and the Revenue Authority shall assist the Petitioner in identifying the location for plantation of the saplings. If the land is not available, the Petitioner to approach the Revenue Authority for identifying the land for plantation and the Revenue Authority shall do the needful. Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 29-Apr-2025 18:48:06 9. The I.I.C. of the concerned Police Station in coordination with the local Forest Officer shall monitor; whether the Petitioner has planted the saplings or not. 10. It is further made clear that the Petitioner shall file an affidavit after plantation of the saplings before the local Police Station assuring that he will maintain those plants for two years. The said affidavit be also produced before the learned court below at the time of trial. 11. The BLAPL is, accordingly, disposed of. (Dr. S.K. Panigrahi) Judge Ayaskanta Designation: Personal Assistant