p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.3673 of 2026 Karunakar Kanhar and another … Petitioners Mr. S.S. Dash, Advocate -versus- State of Orissa … Opposite Party Mr. P. Satpathy, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL):06.05.2026 01. 1. This is a bail application U/S.483 of the BNSS by the petitioners for grant of bail in connection with Sadar Excise Station, Phulbani PR Case No.199 of 2025-26 corresponding to 2(a)CC Case No.01 of 2026 pending in the Court of learned Special Judge, Phulbani, for commission of offence punishable U/S.20(b)(ii)(C) of the NDPS Act, on the main allegation of transporting 25Kgs of Contraband Ganja in a Kia Seltos Car bearing Regd. No.OD-02-DA-9064. 2. Heard, Mr. Sudhansu Sekhar Dash, learned counsel for the petitioners and Mr. P. Satpathy, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioners, Mr. Dash volunteers to withhold bail to the petitioners, if he/they is/are found to have any criminal antecedents of similar nature for commission of offence under NDPS Act. 3. Admittedly, the petitioners were taken into custody on 04.01.2026, but in the meantime, PR has already been submitted, however, the trial is yet to commence and, therefore, the trial would take some time. It is, however, claimed that the petitioners are not having any criminal antecedent of similar nature. In the peculiar facts and circumstances, especially when there is no criminal p. 2 antecedent of similar nature reported against the petitioners, the petitioners would be considered to have satisfied the conditions of Section 37 of NDPS Act, if he/they is/are not having any criminal antecedent of similar nature for commission of offences under NDPS Act. 4. For the reasons stated hereinabove and regard being had to the pre trial detention of the petitioners in custody, this Court without expressing any view on merit admits each of the petitioners to bail, but subject to verification of their criminal antecedent for similar nature under the NDPS Act. 5. Hence, the bail application of the petitioners stands allowed and the petitioners are allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) each 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 petitioners, the benefit of this order shall not be extended to the concerned petitioner(s), if he/they is/are found to have any criminal antecedent of similar nature for commission of offences under NDPS Act. 6. Accordingly, the BLAPL stands disposed of. 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 Subhasmita