IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.395 of 2026 Jisaya Majhi … Petitioner Mr. R.N. Panda, Advocate -versus- State of Odisha … Opposite Party Mr. S.C. Pradhan, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL):16.03.2026 02. 1. This is an application U/S.483 of BNSS by the petitioner for grant of bail in connection with Excise, EI & EB Unit-II (SD) Berhampur, Dist-Ganjam PR No.448 of 2024-25 corresponding to 2(a)CC No.54 of 2024 pending in the file of learned 2nd Addl. Sessions Judge, Berhampur, for commission of offences punishable U/S.20(b)(ii)(C) of the NDPS Act, on the main allegation of transporting 60Kgs of Contraband Ganja in a Hyundai Grand i10 car bearing Regd. No.OD-02-BC-8390. 2. Heard, Mr. Rabindra Nath Panda, learned counsel for the petitioner and Mr. S.C. Pradhan, learned Addl. PP in the matter and perused the record. On being queried about the criminal antecedent of the petitioner, Mr. Panda 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 23.11.2024, but even after more than one year custody of the petitioner, the trial is yet to be concluded and only 01 out of 03 charge sheeted witnesses have been examined, but the said witnesses have become hostile to the prosecution case. Further, it is claimed that the petitioner is not having any criminal antecedent of similar nature. In the peculiar facts and circumstance of the case, especially when there is no criminal antecedent of similar nature reported against him, 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