Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2224 of 2026 Bulu Luha & Anr. ..... Petitioners Represented by Adv. - Amitav Tripathy -versus- State of Odisha ..... Opposite Party Represented by Adv. – U.C. Jena, A.S.C. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 23.04.2026 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel appearing for the Petitioners and learned Additional Standing Counsel appearing for the State- Opposite Party. Perused the materials placed before this Court. 3. The present bail application under Section 483 of B.N.S.S. has been filed by the Petitioners for regular bail in connection with Special (NDPS) No.71 of 2026, arising out of Kantamal PS Case No.46 of 2026, pending in the Court of learned Additional Session Judge-cum-Special Judge, Kantamal for alleged commission of offence punishable under Sections 20(b)(ii)B, 29 of the N.D.P.S. Act. 4. It is submitted by the learned counsel for the Petitioners that the Petitioners are in custody since 11.02.2026. He further Page 2 of 3. contended that as per the F.I.R. allegation the quantity of ganja seized, i.e., 11 kgs., which was recovered from the conscious & exclusive possession of the Petitioners, which is less than the commercial quantity, a bar under Section 37 of the N.D.P.S. Act is not attracted to the facts of the present case. He further submitted that the Petitioners do not have any similar criminal antecedents. In such view of the matter, learned counsel for the Petitioners submitted that the Petitioners be released on bail on any terms and condition that would be imposed by this Court while the Petitioners release on bail. 5. Learned Additional Standing Counsel appearing for the State-Opposite Party, on the other hand, opposed the release of the Petitioners on bail on the ground that in the event the Petitioners are released on bail, there is a possibility that they might be involved in similar criminal offences. Learned Additional Standing Counsel submitted that nature of allegation and the contraband used in the present case is itself a threat to the society. Therefore, he submitted that the prayer for bail of the Petitioners be rejected at this juncture. 6. Having heard the learned counsels appearing for the respective parties and on a careful examination of the surrounding facts and circumstances of the present case and further keeping the view the period of detention of the Petitioners in jail custody and the fact that the Petitioners do not have any similar criminal antecedent, this Court is inclined to release the Petitioners on bail subject to imposition of stringent conditions. 7. Hence, it is directed that the Petitioners be released on bail in the aforesaid case on furnishing bail bond of Rs.40,000/- Page 3 of 3. (Rupees Forty thousand) each with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter. 8. It is open for the Court in seisin over the matter to impose any other conditions as may be deemed just and proper. Violation of any of the conditions shall entail cancellation of the bail application. 9. It is further directed that the bail granted to the Petitioners are subject to the condition that the court below shall verify whether the Petitioners are having any criminal antecedent of similar nature. In the event it is found that the Petitioners are having any similar criminal antecedent under the offences of NDPS Act, this bail order shall automatically stand revoked. 10. The BLAPL is, accordingly, disposed of. ( A.K. Mohapatra) Judge Anil Designation: Junior Stenographer