Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.3530 of 2026 Basanti Digal ..... Petitioner Represented by Adv. - Jyotirmaya Sahoo -versus- State Of Odisha ..... Opposite Parties Mr. C.M. Singh, ASC CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 06.05.2026 Order No. 01. 1. This matter is taken up through Hybrid mode. 2. Heard learned counsel for the Petitioner as well as learned counsel for the State. Perused the application as well as documents annexed thereto. 3. The present bail application under Section 483 of BNSS, has been filed by the Petitioner for regular bail relating to Kotinada P.S. Case No.293 of 2025, corresponding to G.R. Case No.16 of 2025(N), pending before the learned Addl. Sessions Judge-cum- Special Judge, Aska, for alleged commission of offence punishable under Section 20(b)(ii)(C) of N.D.P.S. Act. 4. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 31.07.2025. Further, referring to the allegation made in the FIR, learned counsel for the Petitioner contended that a total quantity of 62 Kgs 545 grams of contraband Page 2 of 3. ganja has been recovered from six persons including the present Petitioner, but individually all the six accused persons were allegedly found possessing less than the commercial quantity of contraband ganja and that too, in a bus. In view of the aforesaid seizure, learned counsel for the Petitioner contended that the bar under Section 37 of N.D.P.S. Act would not be attracted to the facts of the Petitioner’s case. In such view of the matter, learned counsel for the Petitioner contended that the Petitioner is ready and willing to abide by any terms and conditions deemed fit and proper by this Court in the facts and circumstances of the case. 5. Learned counsel for the State on the other hand opposed the bail application of the Petitioner on the ground of gravity and seriousness. He further contended that taking into consideration the fact that such cases are increasing day-by-day in the State of Odisha, no leniency should be shown to the petitioner. In such view of the matter, he submitted that the bail application of the Petitioner be rejected at this juncture. 6. Having heard the learned counsels appearing for the respective parties and on a careful examination of the surrounding facts and circumstances of the present case, further keeping in view the period of detention of the Petitioner in jail custody, and the fact that the bar under Section 37 of N.D.P.S. Act would not be attracted to the facts of the Petitioner’s case, this Court is inclined to release the Petitioner on bail subject to the Petitioner furnishing bail bond of Rs.40,000/- (Rupees Forty Thousand) with two solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter. The release of the Petitioner shall also be Page 3 of 3. subject to such other terms and conditions as is deemed just and proper by the court in seisin over the matter. Violation of any of the terms and conditions shall entail cancellation of bail. 7. It is further directed that the bail granted to the Petitioner be subject to the condition that the court below shall verify the criminal antecedent of the Petitioner. In the event the Petitioner is having more than one criminal antecedent, then this bail order shall automatically stand revoked. 8. It is further directed that the bail granted to the Petitioner is subject to depositing of a cash security of Rs.2,000/- (Rupees Two Thousand) before the learned Court in seisin over the matter, which shall be kept in any Nationalized Bank in interest bearing account initially for a period of one year which will be renewable from time to time till conclusion of trial and the same shall be abide by the final outcome of the trial of the case. 9. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy as per Rules. ( Aditya Kumar Mohapatra ) Judge S.K. Rout