IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 10928 of 2024 Pradip Nayak ..... Petitioner Mr. S. Mahunta, Adv. -Versus- State of Odisha and Ors. ..... Opp.Parties Addl. Government Advocate CORAM: THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA ORDER 17.01.2025 I.A. No. 1662 of 2024 1. This matter is taken up through hybrid mode. 2. Learned counsel for the petitioner does not want to press this I.A. 3. The I.A. is disposed of as not-pressed. (Sashikanta Mishra) Judge BLAPL No. 10928 of 2024 1. This matter is taken up through hybrid mode. 2. Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State. 3. The petitioner is in custody since 28.02.2021 in connection with Adava P.S. Case No.88 of 2021 corresponding to Case G.R. Case No.85 of 2021 pending in the Court of learned Additional Session Judge-cum- Special Judge, Parlakhemundi, in the district of Order No. 7. Order No. 6. Gajapati for the alleged commission of offence under Sections 20(b)(ii)(C)/25/29 of NDPS Act. 4. It is alleged that the petitioner was in possession of contraband ganja weighing 450 Kgs 300 Grams when he was apprehended by police. It is submitted that out of 16 charge sheet witnesses only 4 have been examined so far and in the meantime, the petitioner has spent more than three years in custody. 5. Learned State Counsel has opposed the prayer for bail by submitting that the quantity of contraband ganja is huge. 6. This Court, after considering the submission and on going through the materials on record is of the considered view that though the quantity of contraband is huge, yet a person cannot be detained indefinitely as an under-trial as the same would be in violation of his right to liberty guaranteed under Article 21 of the Constitution of India. 7. Taking into consideration of the above facts as also the period of detention, I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the Court in seisin over the matter may deem fit and proper to impose including the condition that he shall personally appear before the trial Court on each date of posting of the case without seeking representation. 8. BLAPL is accordingly disposed of. 9. Issue urgent certified copy as per rules. (Sashikanta Mishra) Judge A.K. Rana Designation: Personsal Assistant