p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.4408 of 2026 S. Kalai Selvan … Petitioner Mr. R.L. Pattnaik, Advocate -versus- State of Orissa … Opposite Party Mr. P. Satpathy, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL):14.05.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Chitrokonda PS Case No.117 of 2025 corresponding to Special GR Case No.97 of 2025 pending in the Court of learned Sessions Judge-Cum-Special Judge, Malkangiri, for commission of offence punishable U/S.20(b)(ii)(C) of the NDPS Act, on the main allegation of jointly transporting 50Kgs of Contraband Ganja in two Motorcycles i.e. one black and blue colour Pulsar-150 bearing Regd. No.AP-39-UH-2784 and the other black colour Yamaha R15 Regd. No.AP-13-Y-8562. 3. Heard, Mr. Rajib Lochan Pattnaik, learned counsel for the petitioner and Mr. P. Satpathy, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioner, Mr. Pattnaik volunteers to withhold bail to the petitioner, if he is found to have any p. 2 criminal antecedent for commission of offence under NDPS Act. 4. Admittedly, the petitioner was apprehended and taken into custody on 26.07.2025, but in the meantime, charge-sheet has already been submitted, however, the trial is yet to commence and there are 15 charge- sheeted witnesses and, therefore, the trial would definitely take some time. It is, however, claimed that the petitioner is not having any criminal antecedent of similar nature. Even otherwise, if the allegation taken at face value, it is disclosed about transportation of 25Kgs of Contraband Ganja each by the individual petitioner separately on two Motorcycles. In view of the aforesaid facts and circumstances of the case and on going through the materials placed on record and there being no criminal antecedent reported against the petitioner, the petitioner would be considered to have satisfied the conditions of Section 37 of NDPS Act, if he is not having any criminal antecedent for commission of offences under NDPS Act. 5. For the reasons stated hereinabove and regard being had to the pre trial detention of the petitioner in custody, this Court without expressing any view on merit admits the petitioner to bail, but subject to verification of his criminal antecedent for commission of offence under NDPS Act. 6. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail p. 3 on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) 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. In view of the specific submission as advanced for the petitioner, the benefit of this order shall not be extended to the petitioner, if he is found to have any criminal antecedent for commission of offences under NDPS Act. 7. Accordingly, the BLAPL stands disposed of. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference. (G. Satapathy) Judge Subhasmita