p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.3834 of 2026 Dayanidhi …... Petitioner Mr. Jyotirymaya Sahoo, Advocate -Versus- State of Odisha …. Opposite Parties Ms. Gayatri Patra, ASC CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 06.05.2025 Order No. 01. P.R Dated Police Station Case No. and Courts’ Name Sections 01 01.04.2026 Excise Station, Berhampur 2(a) C.C. No. 10 of 2026(N), pending in the Court of learned Additional Sessions Judge- cum-Special Judge, Aska U/S. 20(b)(ii)(C) of the NDPS Act, 1985 1. This matter is taken up through hybrid arrangement. 2. The petitioner being in custody in connection with Excise Station Berhampur P.R No.01 of 2026-27, corresponding to 2(a) C.C. No.10 of 2026(N), pending in the Court of learned Additional Sessions Judge-cum-Special Judge, Aska registered for the alleged Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 09-May-2026 15:52:36 Signature Not Verified p. 2 commission of offence under Section 20(b)(ii)(C) of the NDPS Act, 1985, has filed this petition for his release on bail. 3. The brief fact of the case in short is that on the basis of PR filed by the SI of Excise Station, Berhampur, alleging therein that the petitioner has caught red handed on 01.04.2026 at about 8 PM, near Indian Oil Petrol Pump, Aska while transporting of 22 KGs of contraband Ganja with the help of a Bolero vehicle bearing Registration No. OD-07-AQ-9700. Hence, this Case. 4. Learned counsel for the Petitioner submits that this Petitioner being arrested in the case is in custody since 01.04.2026 for being involved in transportation of 22 kg of contraband ganja. The petitioner is the driver of the aforesaid vehicle and he has no knowledge about the contraband ganja. In view of all these, he contends that at this stage, the bar contained under Section-37 of the NDPS Act does no more stand on the way of grant of bail to the Petitioner. He, therefore, urges for consideration of grant of bail to the Petitioner. 5. Learned counsel for the State vehemently opposes the prayer for bail. 6. Considering the facts and keeping in view the submission of learned counsel for the Petitioner; further keeping in view the Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 09-May-2026 15:52:36 Signature Not Verified p. 3 materials on record as those stand against the Petitioner with other surrounding circumstances, this Court is of the view that there is no requirement of keeping the Petitioner inside the custody any further. Accordingly, this Court directs that the Petitioner be released on bail by the Court in seisin over the matter on some stringent terms and conditions with further conditions that: i. the petitioner shall appear before the local Police Station on 1st Monday of every month between 10 A.M. to 1.00 P.M. till the conclusion of the trial; ii. the Petitioner shall not indulge himself in any criminal activities in future; iii. the Petitioner shall not tamper the evidence of the prosecution evidence in any manner; Violation of any of the above conditions shall entail cancellation of the bail. 7. The BLAPL is, accordingly, disposed of. (Dr. Sanjeeb K Panigrahi) Judge Gitanjali