IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.663 of 2025 Akash Mallick … Petitioner Mr. S.K. Bhanjadeo, Advocate -versus- State of Odisha … Opposite Party Mr. S.K. Rout, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 04.02.2025 06. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is the 2nd bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Inspector of Excise, Dist. Mobile Unit, Khurda P.R. Case No. 36 of 2023-24 corresponding to T.R. Case No.75 of 2023 pending in the file of learned 2nd Addl. District & Sessions Judge, Khurda for commission of offences punishable under Sections 20(b)(ii)(C) of the NDPS Act, on the allegation of transporting 60Kgs of Contraband Ganja in a Tata Indigo Car bearing Registration No.OD-02-T6810. 3. Heard Mr. Mr. Sanjib Kumar Bhanjadeo, learned counsel for the petitioner and Mr. S.K. Rout, learned Addl. Public Prosecutor in the matter and perused the record. Mr. Sanjib Kumar Bhanjadeo, learned counsel for the petitioner at the outset submits that this is the 2nd bail application of the petitioner, but no bail application of the present petitioner is pending before any other forum except this one. 4. It is brought to the notice of the Court that the present petitioner has been detained in custody since 25.07.2023, but in the meanwhile near about one and half years has elapsed, however, the trial is yet to be concluded. The quantity of Contraband Ganja seized in this case is commercial in nature and the provisions of Section 37 of NDPS Act may ordinarily be attracted while considering the bail application of such accused person, but taking into account the pre-trial detention of the petitioner in custody without conclusion of trial in the meanwhile, this Court is satisfied that the conditions of Section 37 of NDPS Act may be dispensed with at this stage, especially when no criminal antecedent has been reported against the petitioner. 5. For the reasons stated hereinabove and taking into account the custody period of the petitioner and keeping in view the right to speedy trial of the accused as guaranteed under Article 21 of the Constitution of India and the release of co- accused Lokanath Mallick on bail in BLAPL No.12682 of 2024, this Court without expressing any view, admits the petitioner to bail. Page 3 of 4 6. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds in the sum 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 her 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.229-A of IPC in accordance with law. (iii) 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 three (03) months from the actual date of 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 for any offence under Excise 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 S. Sasmal Designation: Jr. Stenographer