IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 9391 of 2024 Puspa Chhualasingh … Petitioner Mr. A.Das, Advocate -versus- State of Odisha … Opposite Party Mr. P.Satapathy, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 15.07.2025 04. 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 Khajuripada PS Case No. 19 of 2024 corresponding to CT(N) Case No.52 of 2024 pending in the file of learned Special Judge, Phulbani for commission of offences punishable U/S.20(b)(ii)(C) of the NDPS Act, on the allegation of possessing 80Kgs of Contraband Ganja in a Maruti Suzuki Dzire car bearing Regd. No. OD-02-BM-1214. 3. Heard, Mr. Anirudha Das, learned counsel for the petitioner and Mr. P.Satapathy, learned Addl. Public Prosecutor in the matter and perused the record. 4. It is found from the record that the petitioner being a lady has been detained in custody since 17.02.2024, but trial is yet to be concluded and only 11 out of 20 witnesses have been examined as on 03.06.2025. The quantity of Contraband Ganja seized in this case is coming under commercial quantity and thereby the provisions of Sec. 37 of NDPS Act may be attracted, but looking at the peculiar facts and circumstance of the case, especially when the petitioner is a lady and no criminal antecedent has been reported against her, this Court considers that the conditions of Sec. 37 of NDPS Act may be dispensed with for the petitioner at this stage, especially when the petitioner is in custody for near about one year and five months. 5. For the reasons stated hereinabove and keeping in view the status of the petitioner as a lady and applying the first proviso appended to Section 480 of BNSS, 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.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 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 her 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. 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 for 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. This order would not constitute as a precedent/ground for grant of bail to other co- accused persons. 8. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge kishore