IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.3511 of 2025 Brajakishor Singh ..…... Petitioner Mr. S.S. Dash, Adv. -Versus- State of Odisha ………. Opposite Party Mrs. S. Mohanty, ASC CORAM: DR. JUSTICE S.K. PANIGRAHI ORDER 08.05.2025 Order No. 01. P.R No. Dated Police Station Case No. and Courts’ Name Sections 184 07.03.2025 Pattamundai Town T.R. Case No.636 of 2025 pending in the Court of learned Additional Sessions Judge-cum- Special Judge, Pattamundai U/s. 20(b)(ii)(B) of the NDPS Act 1. This matter is taken up through hybrid arrangement. 2. The petitioner being in custody in connection with P.R No.184/2024-25, corresponding to T.R. Case No.636 of 2025, pending in the court learned Additional Sessions Judge-Cum- Special Judge, Pattamundai, registered for the alleged commission of offence under Section 20(b)(ii)(B) of the NDPS Act, has filed this petition for release on bail. 3. The prosecution case in short is as follows: OIC of the Excise Station Pattamundai along with his staffs were doing patrolling duty on 07.03.2025 at about 10 A.M. they received phone call from a reliable source that one person is coming towards Pattamundai in TVS Jupiter scotty bearing registration No. OD-04-S-2738 and carrying ganja in a jerry bag. On receiving the information they reached to the spot and caught the petitioner there. On weighing the same it was about 4 K.G. 4. Learned counsel for the Petitioner submits that the Petitioner has been languishing in custody since 07.03.2025. He submits that the Petitioner has no criminal antecedent in his credit and the Ganja which has been seized is less than the commercial quantity. In view of all these above, according to him, the bar contained under section 37 of the NDPS Act at the stage does not stand on the way of grant of bail to the Petitioner. Therefore, when there is no scope on the part of the Petitioner to flee from justice and tamper the evidence, he urges for reconsideration of the prayer for grant of bail to the Petitioner. 5. Learned counsel for the State vehemently opposes the prayer. 6. Considering the facts and keeping in view the submission of learned counsel for the Petitioner and considering the detention period, 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 on some stringent terms and conditions with further conditions that: i. the petitioner shall appear before the local Police Station once in a fortnight on 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 file an affidavit before the local police station that he would never engage in such criminal activities in future. v. 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, 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. 7. 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. 8. 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 saplings for two years. 9. The District Nursery/D.F.O. shall extend the helping hand by supplying the saplings to the Petitioner. 10. The BLAPL is, accordingly, disposed of. (Dr. S.K. Panigrahi) Judge Gitanjali