IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.3418 of 2025 Sunanda Kumar Martha …. Petitioner(s) Mr. Amlan Shakti Paul, Adv. -versus- State of Odisha …. Opposite Party(s) Miss Gayatri Patra, ASC CORAM: HON’BLE DR.JUSTICE S.K. PANIGRAHI Order No. ORDER 07.05.2025 F.I.R. No. Dated Police Station Case No. and Courts’ Name Sections P.R. No.148 of 2024- 25 18.03.2025 Excise, District Mobile, Khordha P.R. No.148 of 2024-25 dated 18.03.2025 of S.I. of Excise, District Mobile, Khordha corresponding to T.R. Case No.27 of 2025 pending in the Court of learned 1st Addl. Sessions Judge- cum-Special Judge under the N.D.P.S Act, Khordha Sections 20(b)(ii)(B) of the N.D.P.S Act 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: 28-May-2025 13:37:07 Signature Not Verified 3. The Petitioner being in custody in connection with P.R. No.148 of 2024-25 dated 18.03.2025 of S.I. of Excise, District Mobile, Khordha corresponding to T.R. Case No.27 of 2025 pending in the Court of learned 1st Addl. Sessions Judge- cum-Special Judge under the N.D.P.S Act, Khordha registered for the alleged commission of offence under Sections 20(b)(ii)(B) 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 on 18.03.2025 at about 8.10 A.M. during course of patrolling duty at Village- Tapanga the Inspector of Excise, District Mobile Unit, Khordha on getting credible information regarding transportation/selling of contraband Ganja rushed to the house of the present Petitioner. On search, they recovered 10 Kg. of contraband Ganja along with a cash of Rs.1,26,000/- from the conscious possession of the present Petitioner. Accordingly, upon lodging of the F.I.R and completion of investigation, the Petitioner was taken into custody on 18.03.2025 and has been languishing in custody since then. 5. Learned counsel for the Petitioner contends that though nothing has been seized from the conscious possession of the present Petitioner, the contraband Ganja alleged to have been seized from the conscious possession of the present Petitioner comes within the purview of below commercial quantity. He further contends that the Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 28-May-2025 13:37:07 Signature Not Verified Petitioner has been falsely implicated in this case. 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. She further submits that such type of offences is not tolerable in a law abiding society. She, accordingly, prays for dismissal of this BLAPL. 7. Considering the submissions made on behalf of both the parties, 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 on Monday 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 (between June, 2025 to August, 2025), 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. Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 28-May-2025 13:37:07 Signature Not Verified 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. 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