p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2406 of 2025 Surendra Behera …. Petitioner Mr.Ranjit Mohanty, Advocate -versus- State of Odisha …. Opposite Party Mr.T.K.Acharya, ASC CORAM: DR. JUSTICE S.K.PANIGRAHI Order No. ORDER 24.04.2025 01. P.R. No. Dated Police Station Case No. and Courts’ Name Sections 183 of 2024-25 19.02.2025 Kendrapara TR Case No.14 of 2025 pending in the court of learned Sessions Judge-cum- Special Judge, Kendrapara Section 21 (b) of NDPS Act 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the parties. 3. The petitioner being in custody in connection with T.R. Case No.14 of 2022 arising out of Kendrapara Excise Station P.R. No.183 of 2024-25, pending in the court of the learned Sessions Judge-cum-Special Judge, Kendrapara, registered for the alleged commission of offence under Section 21 (b) of NDPS Act, has filed this petition for his release on bail. p. 2 4. The prosecution case in short is as follows: The OIC, Kendrapara Excise Station submitted a report stating therein that on 19.02.2025 at about 9.20 A.M, 17 grams of Heroin was seized from the exclusive conscious possession of the present Petitioner at Icchapur in front of SBI ATM, P.S., Kendrapara Town Dist: Kendrapara. Accordingly P.R. No. 183 of 2024-25 dated 19.02.2025 was registered at Kendrapara Excise Station, Kendrapara. 5. The Learned Counsel for the petitioner submitted that the petitioner was innocent and he has been falsely implicated and concocted in this case. According to him nothing was seized from the conscious possession of the petitioner. He has also submitted that the accused is a chronic heart patient and he is undergoing medical treatment at KIMS, Bhubaneswar. Apart from this the learned counsel for the petitioner has also submitted that investigation is in progress substantially and there is no chance of tampering of the prosecution evidence by the petitioner and the final P.R. has already been submitted in the meanwhile. Hence, he submits that, the prayer of the present petitioner may be allowed. 6. Learned counsel for the State vehemently opposes the prayer for bail stating that these types of offences are rampant now a days causing adverse impact upon the entire society particularly the youngsters for which his bail application may be dismissed. p. 3 7. Considering the facts and keeping in view the submission of learned counsel for the petitioner, this Court is of the view that there is no requirement of keeping the petitioner inside the custody any further. Accordingly, this Court directs that the Petitioner be released on bail by the Court in seisin over the matter in the aforesaid case on some stringent terms and conditions with further conditions that: i. the petitioner shall appear before the local Police Station on every Monday between 10 A.M. to 1.00 P.M.; ii. the Petitioner shall not indulge himself in any criminal activities in future; iii. the Petitioner shall not tamper the evidence of the prosecution evidence in any manner; iv. the petitioner shall plant 100 saplings of local variety like mango, neem, tamarind etc. around his village over the Government land/community land/private land in the ensuing monsoon, 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 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. 9. 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 shall maintain those plants for two years. p. 4 10. The District Nursery/D.F.O. shall extend the helping hand by supplying the saplings to the Petitioner. 11. The BLAPL is, accordingly, disposed of. (Dr. S.K.Panigrahi) Judge Bichi Designation: Secretary