Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.5519 of 2026 Sarat Manahira ..... Petitioner Represented by Adv. - Bijaya Kumar Ragada -versus- State Of Odisha ..... Opposite Party Represented by Adv. – Mr. U.C. Jena, ASC CORAM: MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 21.05.2026 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner and learned Additional Standing Counsel for the State. Perused the records. 3. This is an application under Section 438, Cr.P.C filed by the Petitioner for anticipatory bail, involving offence punishable under Section 20(b)(ii)(C) of the N.D.P.S Act in C.T. Case No.129 of 2022 of the Court of learned S.D.J.M., Balasore arising out of Balasore P.S Case No.05 of 2026. 4. It is stated by the learned counsel for the Petitioner that the Petitioner is the owner of the vehicle in which the contraband articles were being transported. Learned counsel for the Petitioner further contended that as per the prosecution allegation total quantity of 536 kilograms of contraband ganja was recovered from Page 2 of 3. the vehicle while the same has been given by the driver of the vehicle by the police is raiding party. He further contended that neither to the Petitioner was present at the spot nor it is within his knowledge. He further contended that since nothing has been recovered from the exclusive and conscious possession of the present Petitioner, the bar under section 37 of the NDPS Act would not be attracted to the facts of the Petitioner’s case. He further contended that the Petitioner does not have any similar criminal antecedents and that he belongs to locality, there is no chance of absconding. 5. Learned counsel for the Petitioner at this juncture submitted that the Petitioner does not want to press this application and seek liberty to surrender before the court below and move an application for bail. 6. Considering such submissions, the Petitioner is permitted to surrender before the learned court in seisin over the matter within a period of three weeks from today and move an application for bail. In such eventuality, learned court in seisin over the matter shall do well to consider the aforesaid observations made by this Court and dispose of the bail application of the Petitioner on the same day. While considering the bail application of the Petitioner, the learned trial court shall also apply the principles of parity. 7. The case diary as well as the other materials be made available on the date of surrender while considering the bail application, the learned trial Court shall take into consideration the observation made hereinabove by this Court. Page 3 of 3. 8. The ABLAPL is disposed of accordingly. Urgent certified copy of this order be granted as per rules. ( A.K. Mohapatra) Judge Sisir Designation: PERSONAL ASSISTANT