Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.122 of 2025 Mrutyunjaya Kanhar ..... Petitioner Represented By Adv. - Rabindra Nath Panda -versus- State Of Odisha ..... Opposite Party Represented By Adv. – Mr. M.R. Patra, A.S.C. CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 07.01.2025 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/ Physical Mode). 2. Heard learned counsel for the Petitioner and learned Additional Standing Counsel appearing for the Opposite Party-State. 3. The present application has been filed under Section 482 of B.N.S.S. by the Petitioner seeking pre-arrest bail in connection with Manamunda P.S. case No.314/2024, corresponding to SPL (NDPS) case No.101/2024, pending in the court of learned ADJ-cum- Sessions Judge, Kantamal, Boudh, for alleged commission of offence punishable under Section 20(b)(ii)B of NDPS Act. 4. It is stated by the learned counsel for the petitioner that the petitioner is the previous owner of the vehicle which was involved in illegal transportation of contraband ganja weighing 10 Kg. 280 grams. He further contended that by virtue of an agreement the Page 2 of 3. vehicle was sold to the named accused person on 24.08.2024. He further contended that the offence took place on 22.10.2024, however, by that time the petitioner had handed over the vehicle to the principal accused. He further contended that neither the petitioner was present at the spot nor anything has been recovered from the exclusive and conscious possession of the present petitioner. Therefore, the bar under Section 37 would not be attracted to facts of the present case. He further submitted taking into consideration the quantity of contraband ganja that has been seized, the bar under Section 37 would not be attracted to the facts of the present case. He further contended that the petitioner does not have any similar criminal antecedent. 5. Learned counsel for the State on the other hand objected to the release of the petitioner on bail on the ground that the allegations made in the F.I.R. are gave and serious in nature. It was also submitted that the investigation is going on therefore, the release of the petitioner would cause delay in conclusion of the investigation. 6. Considering the nature of allegation, gravity of offence and the surrounding facts of the case, I am not inclined to grant pre-arrest bail to the Petitioner. However, it is directed that in the event the Petitioner surrenders before the Court in seisin over the matter within a period of four weeks from today and moves an application for bail, the Court in seisin over the matter shall release him on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper in the facts and circumstances of the case, but subject to verification of criminal antecedent of the Petitioner. In the event it is found by the learned court below that the Page 3 of 3. Petitioner is having any similar criminal antecedent, then this order shall automatically stand revoked. Violation of any of the terms and conditions shall entail cancellation of bail. 7. Accordingly, the ABLAPL is disposed of. Urgent certified copy of this order be granted on proper application. ( Aditya Kumar Mohapatra) Judge Rubi