Page 1 of 4. IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2215 of 2026 Sabir & Anr. ..... Petitioners Represented by Adv. - Sushanta Kumar Das -versus- State of Odisha ..... Opposite Party Represented by Adv. – S.K. Parhi, 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 for the Petitioners as well as learned Additional Standing Counsel for the State. Perused the Bail Application as well as the F.I.R and other documents annexed to the Bail Application. 3. This is an application under Section 483 of the BNSS filed by the Petitioners for bail in connection with Pattapur P.S Case No.25 of 2026, corresponding to Special Case No.9 of 2026 (NDPS), pending in the Court of the learned Sessions Judge-cum- Special Judge, Ganjam, Berhampur for alleged commission of offence under Sections 20(b)(ii)C of NDPS Act. 4. Learned counsel for the Petitioners submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioners that a total quantity of 20 Page 2 of 4. kg 700 gms of ganja was recovered from the Petitioners. He further submitted that the Petitioners are in custody since 15.01.2026. Learned counsel for the Petitioners further submitted that the Petitioners have been falsely implicated in the present case and that they have seriously disputed the recovery of the contraband articles from their exclusive and conscious possession. On such ground, learned counsel for the Petitioners contended that the applicability of Section 37 of the NDPS Act depends upon the fact as to whether the seized articles were recovered from the exclusive and conscious possession of the present Petitioners, which is not clear at this stage. He further submitted that although the charge sheet has not been filed, however, the investigation has progressed substantially. It was also contended that though the Petitioners do not belong to State of Odisha, therefore, the Petitioners are ready and willing shall abide by any terms and conditions as this Court deems fit and proper in the facts and circumstances of the case. 5. Learned Additional Standing Counsel on the other hand opposed the bail application of the Petitioners on the ground that such cases are increasing day-by-day and no leniency should be shown to the petitioners. He further submitted that the Petitioners belong to State of Central Delhi, therefore, release of the Petitioners be difficult to ensure the appearance of the Petitioners before the Trial Court during trial. Further contends that the Investigation is still on. In such view of the matter, he submitted that the bail application 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 Page 3 of 4. facts and circumstances of the present case, further keeping the view the fact that a total quantity of 20 kg 700 gms was recovered from two persons, this Court is of the view that the bar under Section 37 would not be strictly attracted to the facts of the Petitioners’ case. In such view of the matter, 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.50,000/- (Rupees fifty thousand) each with two solvent sureties each, one of whom shall be a local surety, for the like amount to the satisfaction of the learned court in seisin over the matter subject to the following terms and conditions: I) The Petitioners shall also file an affidavit before the Trial Court with regard to indicating there his residential details other details like Aadhar No., Phone No. before the jurisdictional police station & further release of the Petitioners shall be subject to verification of such details as would be furnished by any relative of the Petitioners in the shape of an affidavit. II) they shall not be involved in any offence of similar nature while on bail; III) they shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever; IV) they shall not make any default in attending the Page 4 of 4. court during trial on each date without fail; V) they shall appear before the concerned Police Station once in a fortnight preferably on ‘Sunday’ in between 10.00 A.M. to 1.00 P.M. till conclusion of the trial. Violation of any of the terms and conditions shall entail cancellation of bail. 8. It is further directed that the bail granted to the Petitioners be subject to the condition that the court below shall verify the similar criminal antecedent of the Petitioners. In the event the Petitioners are having any similar criminal antecedent under the offences of NDPS Act, this bail order shall automatically stand revoked. 9. BLAPL is accordingly disposed of. 10. Issue urgent certified copy as per Rules. ( A.K. Mohapatra ) Judge Anil Designation: Junior Stenographer