Page 1 of 5. IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2684 of 2026 1. Anwar Sheikh 2. Faijal Sheikh ..... Petitioners Represented By Adv. – Mr. Swaraj Patel -versus- State of Odisha ..... Opposite Party Represented By Adv. – Mr. Sarbeswar Behera, AGA CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 30.04.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Heard learned counsel for the Petitioners and learned Additional Government Advocate appearing for the State- Opposite Party. Perused the materials placed before this Court. 3. The present bail application under Section 483 of BNSS, 2023 has been filed by the Petitioners for regular bail in connection with Spl. 2(a) CC Case No.01 of 2026, arising out of District Mobile Unit, Sundargarh P.R. Case No.402/2025-2026, pending in the court of learned Sessions Judge-cum-Spl. Judge, Sundargarh for alleged commission Page 2 of 5. of offence punishable under Section 20(b)(ii)(B) of the N.D.P.S. Act. 4. It is submitted by the learned counsel for the Petitioners that the Petitioners are languishing in jail custody since 22.01.2026. He further submitted that as per F.I.R., a total quantity of 3 Kgs. of contraband Ganja was recovered from the possession of the Petitioners. He further contended that since the seized contraband Ganja is less than the commercial quantity, the bar under Section 37 of the N.D.P.S. Act would not be attracted to the facts of the present case. He further submitted that in the meantime investigation has progressed substantially. It is also contended that the Petitioners do not have any similar criminal antecedent. Learned counsel for the Petitioners further contended that although the Petitioners do not belong to State of Odisha, however, they are ready and willing to abide by any stringent terms and conditions that would be imposed by this Court in the event they are released on bail. 5. Learned Additional Standing Counsel appearing for the State-Opposite Party, on the other hand, opposed the release of the Petitioners on bail on the ground that allegation made against the Petitioners is serious in nature. He further contended that the investigation is still on. He further contended that in the event the Petitioners are released on bail, there is every possibility that they might abscond from justice which would eventually cause delay in conclusion of Page 3 of 5. the investigation as well as delay in filing of the charge sheet. He further submitted that the cases of illegal transportation of contraband Ganja are on rise in State of Odisha now-a-days. Therefore, no leniency should be shown to the accused persons who are involved in such type of offence. In such view of the matter, it is submitted that the prayer for bail of the Petitioners be rejected at this juncture. 6. Having regard to the submissions made by the learned counsels appearing for the respective parties and on a careful examination of the materials on record and also taking into consideration the quantity of contraband Ganja, the bar under Section 37 of the N.D.P.S. Act would not be attracted to the facts of the present case, this Court is inclined to release the Petitioners on bail. 7. Hence, it is directed that the Petitioners be released on bail in the aforesaid case on furnishing bail bond of Rs.40,000/-(Rupees forty thousand) each with two local solvent sureties each for the like amount to the satisfaction of the court in seisin over the matter. Further, the release of the Petitioners shall also be subject to the following condition:- I) They shall file an affidavit before the trial court indicating therein their residential details and other details like Aadhar number, mobile phone number before the jurisdictional police station and their release shall be subject to verification of the aforesaid details and Page 4 of 5. such details as would be furnished by any of their relative in the shape of an affidavit; II) They shall not be involved in any offence of similar nature while on bail; III) They shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever; IV) They shall not make any default in attending the court during trial on each date without fail; and V) They shall appear before the concerned Police Station once in a fortnight, preferably on 'Sunday’ in between 10.00 A.M to 1.00 PM., for a period of three months and thereafter once in a month till conclusion of the trial. Violation of any of the aforesaid terms and conditions shall entail cancellation of bail. 8. It is open to the Court in seisin over the matter to impose any other conditions as may be deemed just and proper. 9. It is further directed that the bail granted to the Petitioners is subject to the condition that the court below Page 5 of 5. shall verify whether the Petitioners have any criminal antecedent of similar nature. In the event it is found that the Petitioners are having any criminal antecedent of similar nature, then this bail order shall automatically stand revoked. 10. The BLAPL is, accordingly, disposed of. Issue urgent certified copy of this order as per Rules. ( Aditya Kumar Mohapatra) Judge Debasis