p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.10125 of 2025 Sribacha Digal … Petitioner Mr. S.S. Dash, Advocate -versus- State of Odisha … Opposite Party Mr. C. Mohanty, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 03.02.2026 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Inspector of Excise, Berhampur-II PR No.77 of 2025- 26 corresponding to 2(a)CC Case No.41 of 2025 (N) pending in the Court of learned Sessions Judge-Cum- Special Judge, Ganjam, Berhampur, for commission of offence punishable U/S.20(b)(ii)(C) of the NDPS Act, on the main allegation of jointly possessing 40Kgs of Contraband Ganja, along with co-accused persons. 3. Heard, Mr. Sudhansu Sekhar Dash, learned counsel for the petitioner and Mr. C. Mohanty, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioner, Mr. Dash volunteers to withhold bail to the petitioner, if he is p. 2 found to have any criminal antecedents of similar nature for commission of offence under NDPS Act. 4. After having considered the rival submission upon perusal of the records, there appears an allegation against four accused persons for possessing 40Kgs. of Contraband Ganja, but whether the petitioners share any common intention or have entered into conspiracy with co-accused persons for jointly possessing of 40Kgs. of Contraband Ganja is a question of fact and can be gone into at the trial, but right now, there is no material to indicate that the petitioner was individually possessing commercial quantity of Contraband Ganja. In such situation and in the peculiar facts and circumstances of the case, when no criminal antecedent of similar nature has been reported against the petitioners, the petitioners would be considered to have satisfied the conditions of Section 37 of NDPS Act, if he is not having any criminal antecedent of similar nature for commission of offences under NDPS Act. 5. For the reason stated hereinabove and taking into account the custody period of the petitioner with submission of PR in the meantime and taking into account the grant of bail to co-accused Lilu Beero in BLAPL No.9806 of 2025, this Court without expressing any view on merit admits the petitioner to bail, but subject to verification of criminal antecedent of similar nature for commission of offence under the NDPS Act. Page 3 of 3 6. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it. In view of the specific submission as advanced for the petitioner, the benefit of this order shall not be extended to the concerned petitioner, if he is found to have any criminal antecedent of similar nature for commission of offences under NDPS Act. 7. Accordingly, the BLAPL stands disposed of. 8. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Subhasmita Designation: Sr. Stenographer