IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 311 of 2026 Khan @ Arjun Behera …. Petitioner Mr. S. Mishra, Advocate -Versus- Union of India (NCB) …. Opposite Party Mr. P.K. Parhi, DSGI Mr. J. Panda, CGC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 16.01.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioners in connection with Special G.R. Case No.18 of 2025 pending in the file of learned Additional District & Sessions Judge-cum-Special Judge, Karanjia, Mayurbhanj arising out of N.C.B Crime No.10/NCB/BBSR/2025 on the grounds stated. 3. Gone through a copy of the complaint as at Annexure-1 filed by the NCB. Recorded the submissions of learned counsel for the respective parties. The involvement of the petitioner is alleged in the illicit transportation of 171 Kgs of contraband Ganja. The submission is that two vehicles were involved and one managed to flee from the spot, whereas, the other was intercepted and it has led to the recovery of the contraband Ganja. One Rajesh Kumar Sahu, who was traveling in a car bearing Registration No. OD-02-DB-7611 was nabbed at the spot with the Ganja and according to learned counsel for the petitioner, the present accused was not found at the spot nor involved in the illicit transportation. But considering the submission of Mr. Parhi, learned DSGI and Mr. Panda, learned CGC for the NCB and the fact that there has been recovery and seizure of commercial quantity of contraband Ganja, the Court is not inclined to grant to the petitioner pre-arrest bail, however, is of the view that he shall be at liberty to surrender before the learned court below for consideration of bail upon an application received from him. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction that the petitioner shall surrender before the court of learned Additional District & Sessions Judge-cum-Special Judge, Karanjia, Mayurbhanj in connection with Special G.R. Case No.18 of 2025 within a fortnight from today and in the event, he surrenders and makes an application for bail, it shall be duly considered and disposed of on the same date considering the plea advanced by him with reference to the decision of the Apex Court Tofan Singh Vrs. State of Tamil Nadu reported in (2020) 80 OCR (SC) 641 and such other case laws relied upon at present. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Rojina Designation: Junior Stenographer