p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.5721 of 2026 CNR No. ODHC010416572026 Samuel Lugun & Others … Petitioners Mr. B.S. Dasparida, Advocate -versus- State of Odisha … Opposite Party Mr. P. Satpathy, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 07.08.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is an application U/S.483 of BNSS Act by the petitioners for grant of bail in connection with Ullunda PS Case No.45 of 2026 corresponding to Special GR Case No.15 of 2026 pending in the Court of learned Sessions Judge-cum-Special Judge, Sonepur for commission of offences punishable U/S. 18(b)/29 of NDPS Act, on the main allegation of cultivating opium poppy plants in a jungle land situated in the reserve forest and rearing 15318 such plants. 3. Heard, Mr. Bhabani Shankar Dasparida, learned counsel for the petitioners and Mr. P. Satpathy, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioners, Mr. Dasparida volunteers to withhold bail to the petitioner(s), if he/they is/are p. 2 found to have any criminal antecedent for commission of offence under NDPS Act. 4. After having considered the rival submissions upon perusal of record, there appears allegation against the petitioner No.2 for cultivating opium poppy plant, whereas the allegation against the petitioner Nos.1 & 3 for supplying electricity to such land. Although, the petitioners have been forwarded to the Court U/S.18(b)/29 of NDPS Act, but since it is a case of cultivating opium poppy plant, the petitioners should have been forwarded U/S.18(c)/29 of the NDPS Act, however, the maximum punishment provided for commission of offence U/S.18(c) of the NDPS Act is up to 10years. Besides, it is claimed that the petitioners are not having any criminal antecedent of similar nature for commission of offence under NDPS Act. In such view of the matter and taking into account the progress of investigation together with the claim of the petitioners for not having any criminal antecedent of similar nature for commission of offence under NDPS Act and there being no statutory bar like Sec. 37 of NDPS Act for consideration of the bail to the petitioner on above allegation, this Court without expressing any view on merit admits each of the Petitioners to bail, but subject to verification of their criminal antecedent. 5. Hence, the bail application of the petitioners stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees p. 3 Fifty Thousand) each with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it. In view of the specific submission as advanced for the petitioners, the benefit of this order shall not be extended to the petitioner(s), if he/they is/are found to have any criminal antecedent for commission of offences under NDPS Act. 6. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference. (G. Satapathy) Judge Jayakrushna