Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.3044 of 2026 Davinder Singh ..... Petitioner Represented by Adv. - Alok Kumar Panda -versus- State of Odisha ..... Opposite Party Represented by Adv. - Mr. U.C.Jena, A.S.C. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 24.04.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State. Perused the records. 3. This is an application under Section 482, B.N.S.S. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 20(b)(ii)(C), 25 & 29 of NDPS Act in G.R. Case No.58 of 2025 of the Court of learned Special Judge, Gajapati, Paralakhemundi arising out of Adava P.S Case No.55 of 2025. 4. It is stated by the learned counsel for the petitioner that neither the Petitioner was present at the spot, nor any contraband article was recovered from his exclusive and conscious possession, therefore, the bar under Section 37 of the Act is not attracted to the facts of the present case. He further submitted that it is alleged that the Petitioner is the owner of the vehicle in Page 2 of 3. which the contraband article was transported illegally. He further contended that the Petitioner does not have criminal antecedent. He also contended that the since the petitioner is an outsider, he is ready and willing to abide by any stringent terms and conditions that would be imposed by this Court in the event the petitioner is released on pre-arrest bail. 5. Learned counsel for the state on the other hand contended that the allegation made in the F.I.R. is serious in nature. He further submitted that although a notice was issued under Section 67 of the NDPS Act, however the Petitioner did not respond to the same. In such view of the matter, the learned counsel for the State contended that the Petitioner is not cooperating with the investigation and as such his release on pre- arrest bail is bound to cause delay in conclusion of the investigation and filing of the charge sheet. 6. Having regard the submissions made by the learned counsel appearing for the Parties, on a careful examination of the submission made by the learned counsel from both sides, further taking into consideration the surrounding facts and circumstances, this Court grants liberty to the Petitioner to surrender before the court below and move an application for bail within three weeks from today. In such eventuality, the learned trial court shall do well to consider and dispose of the bail application on the very same day. While considering the bail application, the learned trial court shall take into consideration the ratio laid down by the Hon’ble Supreme Court in Tofan Singh vs. State of Tamil Nadu reported in (2021) 4 SCC 1 as Page 3 of 3. well as the fact that bar under Section 37 of the Act is not attracted to the facts of the present case. The case diary be made available to the concerned court to facilitate disposal of the bail application of the Petitioner. 7. The ABLAPL is disposed of accordingly. 8. Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge Rubi