Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2774 of 2026 Kailash Chandra Beero ..... Petitioner Represented By Adv. – Mr. Jyotirmaya Sahoo -versus- State of Odisha ..... Opposite Party Represented By Adv. – Mr. U.C. Jena, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 23.04.2026 Order No. 02. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner and learned Additional Standing Counsel appearing for the Opposite Party-State. 3. The present application has been filed under Section 482 of B.N.S.S., 2023 by the Petitioner seeking pre-arrest bail in connection with Adava P.S. Case No.52 of 2022, corresponding to G.R. Case No.39 of 2022, pending in the court of learned Sessions Judge-cum- Special Judge, Paralakhemundi, registered for alleged commission of offence punishable under Section 20(b)(ii)(C) of the N.D.P.S. Act. 4. It is stated by the learned counsel for the Petitioner that nothing has been recovered from the exclusive and conscious possession of the present Petitioner. In such view of the matter, learned counsel for the Petitioner submitted that the bar under Section 37 of the N.D.P.S. Act would not be attracted to the Page 2 of 2. facts of the present case. 5. Considering such submission, I am not inclined to grant pre- arrest bail to the Petitioner. However, it is directed that in the event the Petitioner surrenders before the court in seisin over the matter within a period of four weeks from today and moves an application for bail, the court in seisin over the matter shall consider and dispose of the bail application of the Petitioner in accordance with law on the same day. While considering the bail application of the Petitioner, the court in seisin over the matter shall also take into consideration the fact that the bar under Section 37 of the NDPS Act would not be attracted to the facts of the present case and pass necessary order. It is further directed that the Case Diary as well as relevant materials be placed before the court concerned on the date of surrender of the Petitioner for consideration of bail application of the Petitioner. 6. Accordingly, the ABLAPL is disposed of. Urgent certified copy of this order be granted on proper application. ( Aditya Kumar Mohapatra) Judge Debasis