p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.13049 of 2025 Ashis Chhanda …. Petitioner(s) Mr. Prahallada Sahu, Advocate -versus- State of Odisha …. Opposite Party(s) Ms. Suvalaxmi Devi, ASC CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 24.12.2025 03. 1. Heard. 2. The petitioner is an accused in connection with 2(a)C.C. Case No.19 of 2025 arising out of P.R No.125/2025-26 dated 23.09.2025 of Sadar Excise Station, Phulbani registered on the allegation of the commission of the offence under Section 20(b)(ii)(C) of the N.D.P.S. Act pending in the Court of the learned Special Judge, Phulbani. 3. The petitioner had approached the learned Court below praying for grant of bail. The learned Court below vide its order dated 10.10.2025 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 483 of B.N.S.S., 2023 praying for enlargement on bail. p. 2 4. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R. 5. The prosecution case, in brief, is that on 23.09.2025 at about 12.20 P.M., while the informant along with other police personnel was performing patrolling-cum-vehicle checking duty near Khajuripada Chhak, they noticed a white coloured Maruti Suzuki Dzire car bearing Registration No. OD-02-CT-9987 approaching at a high speed from village Linepada towards Khajuripada Chhak. On noticing the police party, the occupants of the vehicle allegedly attempted to flee by abandoning the vehicle. However, due to prompt and sincere efforts, the police party chased and intercepted the vehicle. Upon interception, two persons, including the driver, were found inside the said vehicle. On being questioned, they disclosed their identities as Asish Chhanda, the present petitioner, and Pratap Chandra Kanhar of Pradipadar under Phulbani Sadar Police Station in the district of Kandhamal. The raiding party detained both the persons and seized the said Maruti Suzuki Dzire car. It is further alleged that the informant noticed a strong smell of ganja emanating from the vehicle and, on being p. 3 questioned, the occupants admitted that ganja was kept in the dickey of the car. The informant immediately intimated the higher authorities and, as directed, conducted the search in accordance with the provisions of the NDPS Act. During personal search, one Vivo smartphone was recovered from the possession of the present petitioner and one Lava keypad mobile phone was recovered from the possession of co-accused Pratap Chandra Kanhar, apart from their wearing apparel. On search of the dickey of the car, two white coloured jari bastas were found. On weighment, the contents of the first jari basta weighed 18 kilograms excluding the bag and was marked as Exhibit ‘A’. The contents of the second jari basta weighed 17 kilograms and 100 grams excluding the bag, while the empty bag weighed 120 grams, and the same was marked as Exhibit ‘B’. Thus, in total, 35 kilograms and 100 grams of contraband ganja, being the fruiting and flowering tops of the cannabis plant, were allegedly recovered from the dickey of the vehicle. It is further alleged that after completion of necessary formalities, both the accused persons were arrested, the vehicle was seized, and investigation was taken up. On the basis of such allegations and recovery, the present F.I.R. was lodged. Page 4 of 5 6. Learned counsel for the State submits that 35 Kgs. 100 grams of contraband ganja was seized from the possession of the petitioner, which is more than the commercial quantity, therefore, barred under Section 37 of the N.D.P.S. Act. Hence, he opposes the prayer for bail. 7. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. 8. Regard being had to the period of custody from 23.09.2025, the nature of accusation, the quantity of contraband seized and the fact that the trial has not yet been commenced, I am inclined to admit the petitioner on bail. Hence, the petitioner is directed to be released on bail by the Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following additional conditions:- (i) The petitioner shall report before the concerned Police Station being physically present on last Sunday every month for six months. (ii) He shall cooperate with the investigation. (iii) He shall not leave the jurisdiction of the trial Court till disposal of the trial. p. 5 (iv) He shall appear before the trial Court on each date on which the case is posted for trial. (v) He shall not tamper with the evidence in any manner whatsoever. (vi) The petitioner shall not commit any offence while on bail, and (vii) He shall be released on bail subject to verification of similar nature of offence which has not been disclosed in the petition. Violation of any of the conditions shall entail consideration for cancellation of the bail granted to the petitioner. In the event, any of the bail conditions are violated by the petitioner, the prosecution is given liberty to move appropriate application before the Court below for recalling the concession of bail. If such application is moved, the trial Court should decide the application on its own merit. 9. The BLAPL is accordingly disposed of. (S.S. Mishra) Judge Swarna Designation: Senior Stenographer