Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.6841 of 2026 Arun Banchor @ Arun Banchhor ..... Petitioner Represented by Adv. - Bibhuti Ranjan Mohanty -versus- State Of Odisha ..... Opposite Party Represented by Adv. – Mr. S. Mishra, ASC CORAM: MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 19.06.2026 Order No. 01. 1. This matter is taken up through virtual mode. 2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel appearing for the State-Opposite Party. Perused the Anticipatory Bail Application as well as the F.I.R. 3. The present application has been filed under Section 482 of B.N.S.S., 2023 by the Petitioner seeking pre-arrest bail in connection with Kantamal P.S. Case No.24 of 2025, corresponding to Special NDPS Case No.37 of 2025, pending in the court of the learned Addl. Sessions Judge –cum- Special Judge, Kantamal, registered for alleged commission of offences punishable under Sections 20(b)(ii)(C)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 4. It is stated by the learned counsel for the Petitioner that the Petitioner has been falsely implicated in the present case. He further Page 2 of 3. contended that although the Petitioner has been named in the FIR however, he was not present at the spot. Learned counsel for the Petitioner further submitted that on the basis of the co-accused statement of the Petitioner has been implicated. He further contended that no contraband article has been recovered from the exclusive and conscious possession of the present Petitioner. Therefore, the bar under Section 37 of the NDPS Act is not attracted to the facts of the Petitioner’s case. He further submitted that the Petitioner does not have any similar criminal antecedent and that he belongs to the locality and therefore, there is no chance of absconding and co-accused persons have been released on bail. On such ground learned counsel for the Petitioner submitted that the Petitioner protected by granting pre-arrest bail. 5. Learned counsel for the State, on the other hand, objected to the release of the Petitioner on pre-arrest bail on the ground of gravity and seriousness of the allegation. He further contended that such type of illegal trafficking of contraband article is in the rise on the State of Odisha therefore no leniency to be shown the accused persons who are involved in such type of crime. On such ground, learned counsel for the State objected to release of the Petitioner on pre-arrest bail. 6. At this stage, learned counsel for the Petitioner submitted that the Petitioner does not want to press this bail application and seeks liberty to surrender before the court below and move an application for bail. 7. Having regard to the submissions made by the learned counsels appearing for both sides, on a careful examination of the surrounding facts and circumstances and the nature of allegation against the present Page 3 of 3. Petitioner. Further taking note of the fact that the bar under Section 37 of the NDPS Act is strictly applicable to the case of the Petitioner and that some of the co-accused persons have been enlarged on bail, 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 and dispose of the bail application of the Petitioner on the same day. While considering the bail application of the Petitioner, the learned court in seisin over the matter shall examine the applicable of section 37 of the NDPS Act and shall also consequence of application of principles of parity. 8. The case diary be made available on the date of surrender on an application being filed by the Petitioner prior to his date of surrender along with a copy of today’s order. Records be transmitted to the higher forum at the cost of the Petitioner, if applied for. 9. Accordingly, the ABLAPL is disposed of. Urgent certified copy of this order be granted on proper application. ( A.K. Mohapatra ) Vacation Judge sisir Designation: PERSONAL ASSISTANT