p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.3944 of 2026 Sk. Aspak Kadri …. Petitioner(s) Mr. S.K. Dwivedy, Advocate -versus- State of Odisha …. Opp. Party(s) Mr. D. Mohanty, AGA CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 06.05.2026 01. 1. The petitioner is an accused in connection with Special Case No. 1 of 2026 corresponding to P.R. No. 249 of 2025-26 registered on the allegation of the alleged commission of offence punishable under Section 21(b) of the NDPS Act, pending in the court of the learned Addl. District and Sessions Judge, Soro. 2. The petitioner had approached the learned Addl. District and Sessions Judge, Soro in Special Case No. 01 of 2026 praying for grant of bail. The learned Court below vide its order dated 17.04.2026 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. 3. 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 p. 2 other Court relating to the aforesaid F.I.R. 4. The prosecution case as per the F.I.R. is that on 09.01.2026 the Officer In Charge Model Excise Station, Soro while conducting patrolling duty at Prubai Balashram square saw a person coming in a Yamaha motor cycle seeing the officer in uniform tried to divert his root. He along with his staff stopped him in presence of witness and on interrogation he disclosed his name as Sk.Aspak and further told that he has possessed brown sugar(Heroin). Thereafter the OIC took permission from his superior officer to search Sk. Aspak and found 140 gms of Heroin, which was kept in a white color plastic ‘daba’ from his possession. 5. Drawing my attention to paragraph-7 of the bail application, Mr. Dwivedy submits that the petitioner has no criminal antecedents of similar nature. It is submitted that there is recovery of only 140 gms. of brown sugar from the petitioner, which is less then commercial quantity and petitioner has been in custody since 09.01.2026. 6. Learned counsel for the State opposed the prayer for bail. 7. Regard being had to the nature of allegation, the quantity of brown sugar recovered and the custody of the petitioner since 09.01.2026, I am inclined to enlarge the accused-Petitioner on bail. 8. Hence, the Petitioner is directed to be released on bail by 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 p. 3 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. 9. The BLAPL is accordingly disposed of. (S.S. Mishra) Judge Ashok MOHAPATRA