p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.11111 of 2024 Abdul Reheman @ Raju … Petitioner Mr. T.K. Sahu, Advocate -versus- State of Odisha … Opposite Party Mr. M.K. Mohanty, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 17.03.2025 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is an application U/S.483 of BNSS by the petitioner for grant of bail in connection with Titilagarh P.S. Case No.36 of 2022 corresponding to Special GR Case No.35 of 2022 pending in the file of learned Addl. Sessions Judge-cum-Special Judge at Titilagarh for commission of offences punishable U/S.20(b)(ii)(C) of NDPS Act, on the allegation of being in unauthorized possession of 48Kgs 900Grmas of Contraband Ganja. 3. Heard, Mr. Tirth Kumar Sahu, learned counsel for the petitioner and Mr. M.K. Mohanty, learned Addl. Public Prosecutor in the matter and perused the record including the report submitted by the learned Addl. Sessions Judge-cum-Special Judge, Titilagarh. p. 2 4. It is not in dispute that the petitioner is in custody since 27.08.2022, but 11 out of 14 charge sheeted witnesses have already been examined till today and right now the case stands posted for cross- examination of PW.11, whose cross-examination was deferred for want of time on 12.09.2024, however, the right to speedy trial is the fundamental right of an accused. The quantity of Contraband Ganja seized in this case is commercial in nature and, therefore, the conditions of Section 37 of NDPS Act may ordinarily be attracted, but in the peculiar facts and circumstances of the case, especially when no criminal antecedent of the petitioner has been reported, the conditions of Section 37 of NDPS Act may be dispensed with at this stage, more particularly when trial is yet to be concluded more than two and half years of the custody of the petitioner. 5. For the reasons stated hereinabove and taking into account the pre-trial detention of the petitioner in custody since 27.08.2022, 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 p. 3 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 report attendance before the Jurisdictional Police Station once in a fortnight preferably on 2nd Sunday of each month in between 10 A.M. to 12 Noon for six (06) months from the actual date of release from the custody. The IIC of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated. 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 p. 4 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 S.Sasmal Designation: Jr. Stenographer