IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.9843 of 2025 Sultan Khan …. Petitioner(s) Mr. Vivekananda Jena, Advocate -versus- State of Odisha …. Opposite Party(s) Mr. Ashok Kumar Apat, AGA CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 24.09.2025 01. 1. Heard. 2. The petitioner is an accused in connection with Nilgiri Excise Range, Balasore P.R. Case No.72 of 2025-26 corresponding to Special Case No.57 of 2025 registered on the allegation of the commission of the offence under Section 20(b)(ii)(B) of the N.D.P.S. Act pending in the Court of the learned Additional District & Sessions Judge, Soro. 3. The petitioner had approached the learned Court below praying for grant of bail. The learned Court below vide its order dated 08.09.2025 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 483 of B.N.S.S., 2023 praying for enlargement on bail. 4. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R. 5. The prosecution case in short is that, on 25.08.2025 while the informant being the Inspector of Excise Nilgari Range, Balasore and other staff were performing patrolling duty, at about 11.40 A.M., near Jamujhadi on the N.H.-16 area, they saw one person carrying a white colour jari sack on his shoulder. While the accused was trying to leave the place, on suspicious, the raiding party detained him and on being searched, they found 8 kg of contraband ganja from the possession of the petitioner. Hence, the F.I.R. 6. Learned counsel for the petitioner submits that 8 Kgs. of contraband ganja was allegedly seized from the possession of the petitioner, which is less than the commercial quantity. He further submits that except the present case, the petitioner has no criminal antecedent and he has mentioned the same in paragraph-4 of the bail application. 7. Learned counsel for State has vehemently opposed the prayer made by learned counsel for the petitioner on the ground that the petitioner is the resident of West Bengal. He may not be present in the Court during the trial. Therefore, he submits that a stringent condition should be imposed on them while granting bail. He also submits that 8kgs of contraband ganja was seized from the possession of the petitioners. 8. Regard being had to the period of custody from 25.08.2025, the nature of accusation, the quantity of contraband seized and the fact that the trial has not yet been commenced, I am inclined to admit the petitioner on bail. Hence, the petitioner is directed to be released on bail by the 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 shall report before the concerned Police Station being physically present once a month on last Sunday of every month for two months. (ii) He shall not leave the jurisdiction of the trial Court till disposal of the trial. (iii) He shall appear before the trial Court on each date on which the case is posted for trial. (iv) He shall not tamper with the evidence in any manner whatsoever. (v) He shall be released on bail subject to verification of similar type of antecedents, if any, and (vi) He will submit his original Aadhaar Card for verification. To allay the legitimate apprehension of the learned Public Prosecutor regarding ensuring the presence of the petitioner during trial since he belongs to a different State, additionally, it is directed that one of the family members of the petitioner shall execute P.R. Bond in addition to the sureties in terms of the order of the learned Court in seisin. Learned Court below shall also obtain report on the criminal antecedent of the petitioner from Tehatta Police Station, District-Nadia, State-West Bengal. If it comes to the fore that the petitioner has any criminal antecedent, the Court below shall take into consideration the same while imposing condition. Violation of any of the conditions shall entail consideration for cancellation of the bail granted to the petitioner. In the event, any of the bail conditions are violated by the petitioner, the prosecution is given liberty to move appropriate application before the Court below for recalling the concession of bail. If such application is moved, the trial Court should decide the application on its own merit. 9. The BLAPL is accordingly disposed of. (S.S. Mishra) Judge Swarna Designation: Senior Stenographer