IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.12801 of 2024 Kundan Yadav … Petitioner Mr. A. Biswal, Advocate -versus- State of Odisha … Opposite Party Mr. M.K. Mohanty, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 28.03.2025 03. 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 PR No.698 of 2022-2023 corresponding to 2(a)CC Case No.65 of 2023 pending in the file of learned 2nd Additional Sessions Judge, Cuttack, for commission of offences punishable under Sections 20(b)(ii)(C)/29 of NDPS Act, on the allegation of transporting 78Kgs of Contraband Ganja in a Skoda Fabia bearing Regd. No.OR-05-AJ-3333. 3. Heard, Mr. Amit Biswal, learned counsel for the petitioner and Mr. M.K. Mohanty, learned Additional Public Prosecutor in the present matter and perused the record. 4. It is brought to the notice of the Court that the petitioner is in custody since 27.03.2023, but the trial is yet to be concluded and only one out of three witnesses has been examined, however, such witness being a seizure witness has turned hostile to the prosecution case. The quantity of Contraband Ganja seized in this case is commercial in nature and the provision of Section 37 of NDPS Act may ordinarily be attracted, but in the peculiar facts and circumstance of the case, especially when no criminal antecedent of similar nature has been reported against the petitioner, this Court considers that the conditions of Section 37 of NDPS Act may be dispensed with at this stage for the petitioner, especially when the trial is yet to be concluded even after two years of custody of the petitioner. 5. For the reason stated hereinabove and taking into account the pre trial detention of the petitioner in custody and keeping in view the other circumstances on record in entirety, 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 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 not leave the territorial jurisdiction of the trial Court without prior permission till disposal of the case by intimating his present address of stay and (iv) the petitioner shall report attendance before the IO 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 his release from the custody. The IO 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 any 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. 8. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Subhasmita