p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1035 of 2026 Nilambara Kanhar … Petitioner Mr. B.R. Tripathy, Advocate -versus- State of Odisha … Opposite Party Mr. R.B. Mishra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL)17.03.2026 01. 1. This is the 2nd successive bail application U/S. 483 of the Bharatiya Nagarika Surakshya Sanhita, 2023 (in short, “BNSS”) by the petitioner for grant of bail in connection with OIC Excise Station Boudh PR No. 109 of 2025-26 corresponding to 2(a)CC Case No.40 of 2025 (NDPS) pending in the Court of learned Addl. District & Sessions Judge, Boudh for commission of offences punishable U/S.20(b)(ii)(C) of the NDPS Act, on the main allegation of possessing 25Kgs of Contraband Ganja. 2. Heard, Mr. Biswajit Ranjan Tripathy, learned counsel for the petitioner and Mr. R.B. Mishra, learned Addl. PP in the matter and perused the record. On being queried about the criminal antecedent of the petitioner, Mr. Tripathy volunteers to withhold bail to the petitioner, if he is found to have any criminal antecedent of similar nature for commission of offence under NDPS Act. 3. Admittedly, the petitioner is in custody since 15.09.2025, but in the meantime, PR has already been submitted, however, the trial is yet to commence. Further, it is claimed that the petitioner is not having any criminal antecedent of similar nature and there is no p. 2 immediate prospect of trial. In the peculiar facts and circumstance of the case, especially when there is no immediate prospect of trial, the petitioner would be considered to have satisfied the conditions of Sec. 37 of NDPS Act, if he is not having criminal antecedent of similar nature. 4. For the reasons stated hereinabove and taking into account the pre-trial detention of the petitioner in custody, this Court without expressing any view on merits admits the petitioner to bail. 5. Hence, the bail application of the petitioner stands allowed and he is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) with two solvent sureties each 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 it. In view of the specific submission as advanced for the petitioner, the benefit of this order shall not be extended to the petitioner, if he is found to have any criminal antecedent of similar nature for commission of offences under NDPS Act. 6. Accordingly, the 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 S.Sasmal Designation: Jr. Stenographer