p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 2717 of 2026 1. Alam Mondal 2. Nowser Mondal …. Petitioners Mr. S.S. Dash, Advocate -versus- State of Odisha …. Opposite Party Mr. M.R. Mohanty, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER 29.04.2026 01. 1. Heard learned counsel for the Petitioners and learned counsel for the State. 2. The Petitioners are accused in connection with 2(a) C.C. Case No.28 of 2025(N) pending on the file of learned Additional Sessions Judge-cum-Special Judge, Khallikote, Ganjam, arising out of EI & EB, Unit-II (SD) Berhampur P.R. Case No.389 of 2025 for commission of offence alleged under Sections 20(b)(ii)(C) of the NDPS Act. 3. Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court. p. 2 4. Being aggrieved by the rejection of their application for bail U/s.483 of the BNSS by the learned Additional Sessions Judge-cum-Special Judge, Khallikote, Ganjam by order dated 13.03.2026 in the aforementioned case, the present BLAPL has been filed. 5. At the outset, learned counsel for the Petitioners submits that he does not want to press the bail application in respect of Petitioner No.1 (Alam Mondal). 6. Hence, the BLAPL in respect of Petitioner No.1 (Alam Mondal) stands disposed of as not pressed. 7. Liberty is granted to the Petitioner No.1 (Alam Mondal) to renew his prayer before the learned Court in seisin, which shall be considered on its own merit. 8. Thus, the present BLAPL is confined to Petitioner No.2 (Nowser Mondal). 9. The allegation against the present Petitioners is that they along with co-accused were involved in transportation of contraband (ganja) to the tune of 30 kgs. 10. It is submitted by the learned counsel for the Petitioners that so far as recovery is concerned, the same was from a Maruti vehicle and the Petitioner No.2 was on the scotty and allegation against him was of trying to ensure safe passage. p. 3 11. It is submitted by the learned counsel for the Petitioners that the co-accused, namely, Mohita Mallick with graver allegation was released on bail by order dated 26.09.2025 in BLAPL No.10094 of 2025 and the Petitioner No.2 (Nowser Mondal) is on better footing. Hence, he may be released on bail. 12. Learned counsel for the State opposes such prayer in view of the bar contained in Section 37(1)(b)(ii) of the NDPS Act. 13. It is stated that in the meanwhile final P.R. has been submitted on 06.03.2026. 14. Taking into account the nature of accusation and the role ascribed to the Petitioner No.2 (Nowser Mondal) and release of the co-accused as noted, keeping in view the ground of parity in the light of the judgment of the Apex Court in the case of Satender Kumar Antil vrs. Central Bureau of Investigation and another reported in (2022) 10 SCC 51, this Court directs the Petitioner No.2 (Nowser Mondal) to be released on bail on such terms to be fixed by the learned Court in seisin, since prima facie the bar contained in Section 37(1)(b)(ii) of the NDPS Act does not come to play in the case at hand. 15. Before releasing, learned Court in seisin is requested to verify the criminal antecedent of the Petitioner No.2 (Nowser Mondal) from his parent p. 4 police station. If it comes to the fore that the Petitioner No.2 (Nowser Mondal) has criminal antecedent of any nature, this order shall not be given effect to. 16. Accordingly, the BLAPL stands disposed of. 17. UCC as per rules. (V. NARASINGH) Judge Santoshi