IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1070 of 2026 Dinesh Kumar & Others … Petitioners Mr. K. Mohanty, Advocate -versus- State of Odisha … Opposite Party Mr. T.K. Acharya, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL)17.03.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is a bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Sambalpur PR Case No.458 of 2025-26 corresponding to TR No.92 of 2025 pending in the file of learned Sessions Judge-cum-judge, Special Court, Sambalpur for commission of offence punishable U/S. 20(b)(ii)(C) of the NDPS Act, on the main allegation of transporting 40Kgs of Contraband Ganja in a Maruti Suzuki Fronx Car bearing Regd. No.UP-33-CJ-4880. 3. Heard, Mr. Koustuva Mohanty, learned counsel for the petitioners and Mr. T.K. Acharya, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioners, Mr. Mohanty volunteers to withhold bail to the petitioners, if they are found to have any criminal antecedents of similar nature for commission of offence under NDPS Act. 4. Admittedly, the Petitioners are in custody since 02.08.2025, but in the meantime, one witness has been examined, however, he has not supported the prosecution allegation against the petitioners. In view the aforesaid facts and circumstances, especially when it is claimed that the Petitioners are not having any criminal antecedent of similar nature, the Petitioners would be considered to have satisfied the conditions of Sec. 37 of NDPS Act, if they are not found to have any criminal antecedent of similar nature for commission offence under NDPS Act. 5. For the reasons stated hereinabove and taking into account the custody period of the petitioner, this Court without expressing any view on merits admits the Petitioners to bail, but subject to verification of their criminal antecedent. 6. Hence, the bail application of the petitioners namely Dines Kumar, Diwakar Mishra and Kuldeep are allowed and each of the petitioners are allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) each with two solvent sureties 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 by it. In view of the specific submission as advanced for the petitioners, the benefit of this order shall not be extended to the concerned petitioner(s), if he/they is/are found to have any criminal antecedent of similar nature for commission of offences under NDPS Act. 7. Accordingly, these 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