p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.4730 of 2025 Biranchi Pradhan …. Petitioner (s) Mr. Suryakanta Dwibedi, Advocate -versus- State of Odisha …. Opposite Party (s) Ms. Gayatri Patra, ASC CORAM: DR.JUSTICE S.K. PANIGRAHI Order No. ORDER 14.05.2025 F.I.R. No. Dated Police Station Case No. and Courts’ Name Sections 33 15.04.2025 Chakapada C.T. Case No.93 of 2025, pending in the Court of learned Special Judge-cum- Addl. District & Sessions Judge, Balliguda Section- 20(b)(ii)(B) of the NDPS Act. 02. 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the Parties. p. 2 3. The Petitioner, who is in custody in connection with Chakapada P.S. Case No. 33 of 2025, corresponding to C.T. Case No.93 of 2025, pending in the Court of learned Special Judge-cum-Addl. District & Sessions Judge, Balliguda, registered for the alleged commission of offence under Section-20(b)(ii)(B) of the NDPS Act, has filed this petition seeking her release on bail. 4. The brief fact of the case is that Lalita Mohan Sagar, S.I. of Chakapda P.S. on 15.04.2025 lodged a written report before the IIC, Kantamal P.S alleging inter alia therein that on the same day he along with other staff were blocking for MV checking for illegal transporting of Ganja. It is alleged that while performing the said duty, one person keeping a plastic bag on the middle of the Honda Activa 3G Scooty vide Regd. No. OD-33C-7002 was coming from Chakapada side. Suddenly seeing the blocking party, he stated running leaving his vehicle. Thereafter, they chased and caught him. On being asked, he disclosed his name and on search of the bag 6 kgs. 300 grams of contraband Ganja was seized. On being asked, he could not able to produce any authority for possession and transportation of the same. Thereafter, the Informant seized the bag including the Ganja. Hence, this case. p. 3 5. Learned counsel for the Petitioner submits that nothing has been seized from the possession of the Petitioner in implicating the Petitioner in this case. It is further submitted that the Petitioner being the local inhabitant having hia movable and immovable property, there is least chance of fleeing from the process of justice. He further submits that the Petitioner is in custody since 15.04.2025. Therefore, he submits that the Petitioner 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 consideration of the prayer for grant of bail to the Petitioner. 6. Learned counsel for the State vehemently opposes the bail prayer of the Petitioner. 7. 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 p. 4 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. before the Investigating Officer till submission of charge-sheet ii. The Petitioner shall not indulge himself in any criminal offence while on bail; iii. The Petitioner, after the onset of monsoon (June, 2025 to August, 2025) shall 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. 8. 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 as required. p. 5 9. It is further directed that the Petitioner shall file an affidavit before the local police station, confirming that the saplings have been planted and that the Petitioner will maintain those plants for a period of two years. 10. The District Nursery/District Forest Officer (D.F.O.) shall extend assistance to the Petitioner by supplying the necessary saplings. 11. The BLAPL is, accordingly, disposed of. (Dr. S.K. Panigrahi) Judge Sumitra