p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.13431 of 2025 Rajib Basantara @ Rajeeb Basantara … Petitioner Mr. S.K. Dash, Advocate -versus- State of Orissa … Opposite Party Mr. M.R. Patra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 30.04.2026 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is an application U/S.483 of BNSS Act by the petitioner for grant of bail in connection with Rasol PS No.338 of 2025 corresponding to CT(Special) NDPS Case No.32 of 2025 pending in the Court of learned Judge Special Court, Dhenkanal for commission of offences punishable U/S. 21(b) of the NDPS Act, on the main allegation of transporting 1173 bottles of Eskuf Cough Syrup each measuring 100ML containing total 234grams of Codeine Phosphate. 3. Heard, Mr. Soubhagya Kumar Dash, learned counsel for the petitioner and Mr. M.R. Patra, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioner, Mr. Dash volunteers to withhold bail to the petitioner, if he is found to have any criminal antecedent of similar nature for commission of offence under NDPS Act. 4. After having considered the rival submissions and on going through the material placed on record and regard p. 2 being had to the pre-trial detention of the Petitioner in custody since 19.11.2025 with submission of charge-sheet in the meantime and there being no criminal antecedent reported against the petitioner and the petitioner being charge-sheeted for commission of offence punishable U/S.21(b) of NDPS Act which does not attract the provision of Sec.37 of NDPS Act and taking into account the other circumstances on record in entirety including the well- recognized principle “bail is the rule, but jail is the exception”, this Court without expressing any view on merit admits the Petitioner to bail, but subject to verification of his criminal antecedents. 5. Hence, the bail application of the petitioner stand 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. In view of the specific submission as advanced for the petitioner, the benefit of this order shall not be extended to the petitioner, if he is found to have any criminal antecedent of similar nature for commission of offence under NDPS Act 6. Accordingly, the BLAPL stands disposed of. 7. Issue urgent certified copy of the order as per Rules. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference. (G. Satapathy) Judge Jayakrushna