Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.9806 of 2025 Lilu Beero ..... Petitioner Represented By Adv. - Jugala Kishore Panda -versus- State Of Odisha ..... Opposite Parties Represented By Adv. – Mr.U.C.Jena, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 24.09.2025 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State- Opposite Party. Perused the materials placed before this Court. 3. The present bail application under Section 483 of BNSS, 2023 has been filed by the Petitioner for regular bail in connection with 2(a) C.C.Case No.41 of 2025, arising out of P.R.Case No.77 of 2025-26, pending in the Court of learned Sessions Judge-cum-Special Judge, Ganjam, Berhampur, for alleged commission of offences punishable under Sections 20(b)(ii) (C), of the N.D.P.S. Act, 1985. Page 2 of 3. 4. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 01.08.2025. He further submitted that in the meantime the investigation has been progressed substantially. Further, it is contended that as per the prosecution allegation 40kg of contraband ganja was recovered from four persons, two of whom are juvenile, standing on the public road. He further contended that taking into consideration the fact that 40kg of contraband ganja was recovered from four accused persons, it cannot be inferred that the bar under Section 37 of the NDPS Act is attracted to the present case. He also contended that the present Petitioner does not have criminal antecedent. He further contended that since the Petitioner belongs to the locality, there is no chance of his absconding. On such ground learned counsel for the Petitioner submitted that the Petitioner be released on bail. 5. Learned Additional Standing Counsel appearing for the State-Opposite Party, on the other hand, objected to the release of the Petitioner on bail on the ground that the investigation is still on. He further submitted that the cases of illegal transportation of contraband article are on rise in State of Odisha now-a-days. Therefore, no leniency should be shown to the accused persons who are involved in such type of offence. In such view of the matter, it is submitted that the prayer for bail of the Petitioner be rejected at this juncture. 6. Having heard learned counsels for the respective parties, on a careful examination of the materials on record and further keeping in view the fact that the Petitioner does not Page 3 of 3. have any criminal antecedent and belongs to the locality, this Court is inclined to release the Petitioner on bail. 7. Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.40,000/-(Rupees Forty five thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter. Release of the Petitioner shall be subject to such terms and conditions that would be imposed by the court in seisin over the matter. 8. It is further directed that the bail granted to the Petitioner is subject to the condition that learned court below shall verify whether the Petitioner has any criminal antecedent of similar nature. In the event it is found that the Petitioner has any criminal antecedent of similar nature, then this bail order shall not be given effect to. 9. The Bail Application is accordingly disposed of. Urgent certified copy of this order be granted on proper application. /’RKS ( A.K. Mohapatra) Judge