p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 12459 of 2025 B. Santosh Reddy …. Petitioner Mr. L. Samantaray, Advocate -versus- State of Odisha …. Opposite Party Mr. S.N. Das, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 17.12.2025 02. 1. Heard learned counsel for the Petitioner and learned counsel for the State. 2. The Petitioner is seeking pre-arrest bail in connection with T.R. Case No.108 of 2025 pending on the file of learned Addl. Sessions Judge-cum-Spl. Judge, Koraput, arising out of Koraput Sadar P.S. Case No.158 of 2025 for commission of offences punishable under Section 20(b)(ii)(c) of the NDPS Act. 3. The allegation against the Petitioner is that he along with the co-accused were involved in the transportation of contraband to the tune of 29Kgs (Ganja). 4. It is submitted that the basis of implication is on account of the statement of the co-accused- Jagannath Sethi who was taken to custody. Hence, it is submitted that the Petitioner who is serving as a Fireman may be protected by pre-arrest bail. p. 2 5. It is submitted by the learned counsel for the Petitioner that there is no basis for making such allegations and taking into account that the Petitioner is in service at the relevant time that ought to weigh with this Court in considering the prayer for pre- arrest bail. 6. Learned counsel for the State opposes the prayer for pre-arrest bail. 7. This Court perused the Case Diary including the statement of the co-accused. 8. Keeping in view the rigors of Section 37(1)(b)(ii) of NDPS Act and the judgment of the Apex Court in the case of Kalyan Chandra Sarkar vs. Rajesh Ranjan reported in (2004) 7 SCC 528 relating to the appreciation of material at the time of consideration of bail on the basis of co-accused statement, this Court is not inclined to entertain this application. However, in the event the Petitioner surrenders within a period of four weeks hence before the learned Court in seisin in the aforesaid case and moves an application for his release on bail, the same shall be considered on its own merit. The learned Court in seisin shall make an endeavor to dispose of such application on the same day. The Prosecution shall produce the Case Diary. 9. The ABLAPL is accordingly disposed of. (V. NARASINGH) Judge Ayesha