IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.13196 of 2025 Siba Sethy … Petitioner Mr. S.S. Dash, Advocate -versus- State of Orissa … Opposite Party Mr. C. Mohanty, Addl. PP CORAM:JUSTICE G. SATAPATHY Order No. ORDER(ORAL):29.04.2026 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Sarangada PS Case No.152 of 2024 corresponding to CT Case No.218 of 2024 pending in the file of learned Special Judge-cum-Addl. Dist. & Sessions Judge, Balliguda for commission of offences punishable U/Ss.20(b)(ii)(C)/25/29 of the NDPS Act, on the main allegation of transporting 110Kgs of Contraband Ganja in a Hundai Creta car bearing Regd. No.OD-07-T-0029. 3. Heard Mr. Sudhansu Sekhar Dash, learned counsel for the petitioner and Mr. C. Mohanty, learned Addl. PP 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 found to have any criminal antecedent of similar nature for commission of offence under NDPS Act. 4. After having considered the rival submission upon perusal of record, the FIR appears to have been lodged against unknown persons, but the present petitioner was implicated in this case on the statement of co-accused Prakash Chandra Panigrahi, who is the owner of the vehicle in question, but in the meantime, the petitioner has already been detained in custody for around nine months, however, charge-sheet has already been submitted. Further no criminal antecedent of similar nature has been reported against the petitioner. In such view of the matter and taking into account the materials so placed on record and keeping in view the law laid down by the Apex Court in Tofan Singh-Vrs.- State of Tamil Nadu reported in (2020) 80 OCR (SC) 641, the petitioner would be considered to have satisfied the conditions of Sec.37 of NDPS Act, if he is not having any criminal antecedent of similar nature. 5. Hence, the bail application of the petitioner stands allowed, but subject to verification of his criminal antecedent and if the petitioner is found to have no criminal antecedent of similar nature for commission of offence under NDPS Act, he be allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) only with two solvent sureties each 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. 6. Accordingly, the BLAPL stands disposed of. 7. Issue urgent certified copy of the order as per Rules. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference. (G. Satapathy) Judge Jayakrushna