IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 3535 of 2025 Budu Hantal @ Kalia ..…... Petitioner Mr. Sangram Keshari Rout, Adv. -Versus- State of Odisha …… Opposite Party Mr. Sonak Misrha, ASC CORAM: DR. JUSTICE S.K. PANIGRAHI ORDER 08.05.2025 Order No. 01. F.I.R No. Dated Police Station Case No. and Courts’ Name Sections 32 23.03.2022 Nandapur T.R. Case No.37(A) of 2022 pending in the Court of learned Additional Sessions Judge- cum-Special Judge, Koraput Section- 20(b)(ii)(C)/ 29 of the NDPS Act. 1. This matter is taken up through a hybrid arrangement. 2. The Petitioner, who is in custody in connection with Nandapur P.S. Case No. 32 of 2022, corresponding to T.R. Case No.37(A) of 2022 pending in the Court of learned Additional Sessions Judge-cum-Special Judge, Koraput, registered for the alleged commission of offences under Sections-20(b)(ii)(C)/ 29 of the NDPS Act, has filed this petition seeking his release on bail. 3. The brief fact of the case is that on 23.03.2022 after getting reliable information regarding transportation of Ganja in a Bolero Pick Up vehicle, the informant along with other staffs had been to Satasemili Chhak. It is alleged that at about 4.30 A.M. the informant detained the said Bolero and during verification of the alleged vehicle, the informant seized all total 19 numbers of tinsel Jerry bags containing all total 452 Kgs. 400 gms. of contraband Ganja. It is further alleged that the driver of the said vehicle disclosed his name as Anwar Khan and also stated that he along with one Kalia i.e. the present Petitioner were procuring the said Ganja from one Umesh Pangi. He also confessed that one Jogendra Khemundu had the vital role in illegal transportation of contraband Ganja. It is further alleged that said Anwar Khan also confessed that Sk. Tajuddin and one Sk. Firdos were the receiver of Ganja. Hence, this case. 4. Learned counsel for the Petitioner submits that nothing has been seized from the possession of the Petitioner. He further submits that on the basis of confessional statement of co- accused Anwan Khan, the Petitioner has been implicated in this case. It is further submitted that the Petitioner belongs to the District of Koraput having his movable and immovable property, there is least chance of absconding from the trial. He further submits that the Petitioner is in custody since 29.03.2025. He further submits that in the meantime, the co-accused persons similarly situated with the Petitioner have already been released on bail. Therefore, he submits that the Petitioners may be enlarged on bail. 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 bail prayer of the Petitioner. 6. Considering the submissions made by the Petitioner, without delving into the intricacies of the case or the merits of the allegations, and in light of the facts and circumstances at hand, this Court is of the view that the Petitioner should be granted bail by the learned court in seisin over the matter, subject to stringent terms and conditions. The conditions are as follows:- i. The Petitioner shall appear before the local Police Station on every Monday in between 10 A.M. to 1.00 P.M. ii. The Petitioner shall not indulge himself in any criminal offence while on bail; iii. The Petitioner shall not tamper with the evidence or intimidate the prosecution witnesses in any manner; and iv. The Petitioner, after the onset of monsoon (during June, 2025 to August, 2025) sshall plant 100 saplings of local varieties, such as mango, neem, tamarind, etc., around his village on Government land, community land, or private land in the possession of the Petitioner or his family members. In the event that suitable land is unavailable, the Revenue Authority shall assist in identifying the land for plantation. Violation of any of the above conditions shall lead to the 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 the plantation of the saplings before the local Police Station, assuring that he shall maintain those plants for two years. 9. The District Nursery/D.F.O. shall extend a helping hand by supplying the saplings to the Petitioner. 10. The BLAPL is accordingly disposed of. (Dr. S.K. Panigrahi) Judge Narayan