IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2343 of 2026 Bhaskar Digal …. Petitioner Mr. S.S. Dash, Advocate -versus- State of Odisha …. Opp. Party Mr. D. Mohanty, AGA CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 27.04.2026 01. 1. The petitioner is an accused in connection with P.R. No.138/2025-26 corresponding to 2(a)CC Case No.06/2026 (N) registered on the allegation of the alleged commission of offence punishable under Section 20(b)(ii)(B) of the N.D.P.S. Act, pending in the Court of the learned Special Judge-cum- Addl. Sessions Judge, Aska, Ganjam. The petitioner had approached the learned Special Judge- cum-Addl. Sessions Judge, Aska, Ganjam in 2(a)CC case No.6/2026(N) praying for grant of bail. The learned Court below vide its order dated 27.02.2026 rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 483 of BNSS, 2023 praying for enlargement on bail. 2. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R. 3. The prosecution case is that the Inspector of Excise, District Striking Force, Ganjam, Chatrapur, along with his other staffs were doing patrolling duty on 26.02.2026 at about 12:30 P.M. they detected the petitioner was transporting Ganja with the help of a motor cycle bearing Regd No. OD-02- D-3838. They detected the petitioner while coming from Balisira towards Aska with a jerry bag carrying with him suspiciously. On weighing the same it was about 7 K.G. 4. Learned counsel for the petitioner submits that total 7 kg of ganja has been allegedly recovered from the present petitioner, which is less than the commercial quantity. The petitioner has been in custody since 26.02.2026 and he has no criminal antecedent. 5. The petitioner has very specifically averred in paragraph- 4 of the petition that he has no criminal antecedents, which reads as under:- “4. That the Petitioner has no similar criminal antecedents. Since there is no criminal antecedent of the petitioner then the be released on bail in the greater interest of justice. The ganja which was seized from her is less than commercial quantity which is about 7 k.g. Thus section 37 is not a bar.” 6. Taking into consideration the quantity of contraband recovered from the petitioner and the period of custody of the petitioner since 26.02.2026, I am inclined to enlarge the petitioner on bail. 7. Hence, the petitioner is directed to be released on bail by Ashok the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following additional conditions: (i) The petitioner shall appear before the I.I.C. of the concerned Police Station on every last Sunday of the month between 10.00 A.M. and 12.00 Noon for at least three months; (ii) He shall not leave the jurisdiction of the trial Court till the disposal of the trial; (iii) He shall appear before the trial Court on each date on which the case is posted for trial; (iv) He shall not tamper with the evidence in any manner whatsoever; (v) He shall not commit any offence while on bail, and (vi) He shall be released on bail subject to verification of similar type of antecedents. In the event the petitioner is found wanting for violation of any of the bail conditions imposed by this Court or the trial Court even on a single occasion, the prosecution is at liberty to move appropriate application before the Court below for cancellation of the concession of bail granted by this Court. If such application is filed, the trial Court should decide the application on its own merit. 8. The BLAPL is accordingly disposed of. (S.S. Mishra) Judge MOHAPATRA