IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.4146 of 2025 Ruben Naik and others …. Petitioner(s) Ms. Anita Sahoo, Advocate -versus- State of Odisha …. Opp. Party(s) Mr. S.N. Biswal, ASC CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 09.05.2025 01. 1. The petitioners are accused in connection with Titilagarh GRPS Case No.32 of 2025 corresponding to Special G.R. Case No.19 of 2025 registered on the alleged commission of the offence punishable under Section 20(b)(ii) B of the N.D.P.S. Act, pending in the Court of the learned Addl. Sessions Judge-cum- Special Judge, Titilagarh. The petitioners had approached the learned Addl. Sessions Judge-cum-Special Judge, Titilagarh in Special G.R. Case No.19 of 2025 praying for grant of bail. The learned Court below vide its order dated 16.04.2025 rejected the bail application of the petitioners. Being aggrieved, the petitioners have filed the present petition under Section 439 of the Cr.P.C. praying for enlargement on bail. 2. At the outset, learned counsel for the petitioners seeks to withdraw the present petition vis-à-vis petitioner no.1, as the petitioner no.1 has one similar antecedent. In so far as petitioner nos.2 and 3 are concerned, the alleged recovery of contraband ganja from the possession of petitioner no.2 is 6.215 gm., whereas from petitioner no.3 is 5.218 gm. Learned counsel for the petitioner submits that the weighing of the seized contraband is seriously doubtful. Learned counsel for the petitioners, on instruction from the petitioners, submits that, except the present bail application, no other bail application of the petitioners is pending in any other Court relating to the aforesaid F.I.R. 3. The prosecution case is that on 14.04.2025, the informant along with his staff had been performing patrolling at Titilagarh railway station area. During patrolling, he got information about movement of three persons suspect having contraband articles. After getting information, they reached at the spot and found that three persons at PF No.4 and 5 of Titilagarh railway station carrying three nos. of duffle bags suspiciously hiding from general public. Out of suspicion, the informant and his staff verified the bags from outside, from which acute smell of ganja was coming out. On being asked, three persons disclosed their name. After that, they seized contraband articles and forwarded the petitioners to custody in accordance with law. Hence, the FIR. 4. Learned counsel for the petitioners submits that, total 11.433 kg of ganja has been allegedly recovered from the petitioner nos.2 and 3. The petitioner nos.2 and 3 have been in custody since 14.04.2025. 5. Regard being had to the quantity of contraband recovered from the petitioners and the period of custody of the petitioners since 14.04.2025, I am inclined to enlarge the petitioner nos.2 and 3 on bail. 6. Hence, the petitioner nos.2 and 3 are directed to be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following additional conditions: (i) The petitioner nos.2 and 3 shall appear before the I.I.C. of the concerned Police Station on every Sunday between 10.00 A.M. and 12.00 P.M. for at least six months; (ii) They shall not leave the jurisdiction of the trial Court till the disposal of the trial; (iii) They shall appear before the trial Court on each date on which the case is posted for trial; (iv) They shall not tamper with the evidence in any manner whatsoever; (v) They shall not commit any offence while on bail, and (vi) They shall be released on bail subject to verification of similar type of antecedents. In the event the petitioner nos.2 and 3 are found wanting for violation of any of the bail conditions imposed by this Court or the trial Court even on a single occasion, the prosecution is at liberty to move appropriate application before the Court Ashok below for cancellation of the concession of bail granted by this Court. If such application is filed, the trial Court should decide the application on its own merit. 7. The BLAPL is accordingly disposed of. (S.S. Mishra) Judge Designation: Secretary