IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.6248 of 2025 Sajith Moidu … Petitioner Mr. R.L. Pattnaik, Advocate -versus- Union of India … Opposite Party Mr. M. Kumar, Advocate CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 09.07.2025 01. 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 F. No.VIII(48)3/ Cus (P)/ Seizure Marijuana (H.W.)/ BPIA/ 2025 arising out of TR Case No.30 of 2025 pending in the Court of learned 3rd Additional Sessions Judge, Bhubaneswar, for commission of offence punishable U/Ss.20(b)(ii)(C)/23/29 of the NDPS Act, on the allegation of possessing 7Kgs 8Grams of Marijuana. 3. Heard, Mr. Rajib Lochan Pattnaik, learned counsel for the petitioner and Mr. Milan Kumar, learned counsel appearing for Union of India in the matter and perused the record. 4. In the course of hearing, it is submitted by Mr. Pattnaik that Marijuana constitutes of dried leaves, flowers, stems and seeds of the cannabis plants, which is not coming under any narcotic substances in terms of the definition of NDPS Act, but the petitioner has already been detained in custody for near about seven months. 4.1. On the other hand, Mr. Milan Kumar, learned counsel appearing for Union of India, however, strongly refuted such submission and prays to reject the bail application of the petitioner. 5. After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the accusations sought to be brought against him and regard being had to the pre trial detention of the petitioner in custody since 18.01.2025 with completion of investigation and taking into account the quantity of Contraband article, which is not coming under commercial quantity and, thereby, not attracting the provision of Section 37 of NDPS Act, this Court without expressing any view on merits admits the petitioner to bail. 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) only 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 with following conditions:- (i) the petitioner shall not commit any offence while on bail, (ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.269 of BNS, 2023 in accordance with law, (iii) the petitioner shall not leave the territorial jurisdiction of the trial Court without prior permission till disposal of the case by intimating his present address of stay to the concerned Court. It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future any offence under NDPS Act on prima facie accusations may be treated as a ground for cancellation of bail in this case. 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