Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.6236 of 2026 Hemanta Rana ..... Petitioner Represented by Adv. - Akshaya Kumar Sahoo -versus- state of odisha ..... Opposite Party Represented by Adv. – Mr. U.C. Jena, ASC CORAM: MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 17.06.2026 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)(B) of the N.D.P.S Act in S.A. No.19 of 2026 of the Court of learned District and Sessions Judge-cum-Special Judge, Nuapada arising out of Komna P.S Case No.126 of 2026. 4. It is stated by the learned counsel for the Petitioner that as per the prosecution allegation a total quantity of 11kg 500 grams of contraband Ganja was recovered from the possession of co-accused person namely, Surendra Nag. He further submitted that nothing was recovered from the possession of the present Petitioner. In such view of the matter, learned counsel for the Petitioner contended that Page 2 of 3. since no recovery was made from the possession of the Petitioner and the alleged quantity of contraband Ganja recovered is less than the commercial quantity, the bar under Section 37 of the NDPS Act would not be attracted. He further contended that the Petitioner does not have any criminal antecedent and he belongs to locality. Therefore, there is no chance of him absconding. On such ground, learned counsel for the Petitioner prayed for release of the Petitioner on pre-arrest bail. 5. Learned counsel for the State on the other hand objected to release of the Petitioner on bail on the ground of gravity and seriousness of the allegation. 6. Learned counsel for the Petitioner at this juncture submitted that the Petitioner does not want to press this application and seeks liberty to surrender before the court below and move an application for bail. 7. 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. Further, while considering the bail application of the Petitioner, learned Court in seisin over the matter shall apply the law laid down by the Hon’ble Supreme Court of India in Tofan Singh vs. State of Tamil Nadu Page 3 of 3. reported in (2021) 4 SCC 1. The case diary be made available to the concerned court to facilitate disposal of the bail application of the Petitioner. Release of the Petitioner shall be subject to the verification of criminal antecedent. In the event it is found that the Petitioner is having any criminal antecedent, this order shall not be given effect to. 8. The ABLAPL is disposed of accordingly. Urgent certified copy of this order be granted as per rules. ( A.K. Mohapatra) Vacation Judge Sisir Designation: PERSONAL ASSISTANT