IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 2398 of 2026 Kannu @ Kahnu Charan Paltasingh ..... Petitioner Mr. Asit Kumar Jena, Adv. -Versus- State of Odisha ..... Opp. Party Mr. P.S. Nayak, AGA CORAM: THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA ORDER 21.04.2026 1. This matter is taken up through hybrid mode. 2. Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State. 3. The petitioner is apprehending arrest in connection with Brahmagiri P.S. Case No. 19 of 2026 corresponding to G.R. Case No.10 of 2026 pending in the Court of learned Sessions Judge- cum-special Judge, Puri for the alleged commission of offences under Sections 21(b)/29 of NDPS Act. 4. Though the prosecution allegation is that 7 persons were travelling in a car carrying brown sugar when they were apprehended by the local police, on search, brown sugar weighing 119 grams was recovered. There is nothing on record to show that such recovery was made from the possession of the petitioner, rather it is the prosecution case that the petitioner fled away from the spot. 5. On query by this Court, learned State Counsel fairly submits that the petitioner9s apprehension is on the basis of the statement Order No. 01. of the co-accused, though charge-sheet has been submitted showing him as an absconder. 6. After considering the submissions and the materials on record, this Court, taking note of the ratio decided in the case of Tofan Singh v. State of Tamilnadu1 is inclined to take a lenient view in the matter. However, this Court is not inclined to grant anticipatory bail to the petitioner, rather he is directed to surrender before the Court below within three days from the date of passing of this order and to move for bail. In such event, he shall be released on bail on such terms and conditions as the Court below may deem fit and proper to impose including the condition that he shall personally appear before the trial Court on each date of posting of the case without seeking representation. 7. The BLAPL is disposed of. 8. Urgent certified copy of this order be granted on proper application. (Sashikanta Mishra) Judge 1 AIR 2020 SC 5592 Ranjeeta