IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 6321 of 2024 Papu Das @ Raja … Petitioner Mr. S.K. Das, Advocate -versus-

State of Odisha … Opposite Party Mr. A.K. Apat, Addl. PP CORAM:

JUSTICE G. SATAPATHY

ORDER(ORAL)

11.03.2025 Order No

07. I.A. No. 1559 of 2024

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. The aforesaid interlocutory application stands disposed of as not pressed. BLAPL No. 6321 of 2024

3. This is a bail application U/S.439 of CrPC by the petitioner for grant of bail in connection with E.I.& E.B. Unit-I, Cuttack PR Case No. 278 of 2023-24 corresponding to TR Case No.443 of 2023 pending in the file of learned Addl. District and Sessions Judge, Khurda at Bhubaneswar for commission of offence punishable under Section 21(C) of NDPS Act, on the main allegation of possessing 280 Grams of Diacetylmorphine (Brown Sugar).

4. Heard, Mr. Sanjay Kumar Dash, learned counsel for the Petitioner and Mr. A.K. Apat, learned Addl. Public Prosecutor in the matter. The bail for the Petitioner is urged by taking this Court through the certified copy of the prosecution paper to show that only 180 Grams of Brown Sugar has been seized, but while submitting PR, 280 Grams of Brown Sugar has been shown to be seized from the petitioner. Perused the certified copy of the paper produced by the learned counsel for the Petitioner, wherein in FORM No. C-2, the weight of the Contraband has been described as

180 Grams.

5. In view of the aforesaid facts and after having considered the rival submissions and taking into consideration the nature and gravity of offence as alleged against the Petitioner vis-à-vis the accusations sought to be brought against him and regard being had to the ailment of the mother of the Petitioner who is stated to be suffering from Cancer and further taking into account the other circumstances on record in entirety and there being discrepancy in the weight of the Contraband article in FORM No. C-2 and other prosecution papers, this Court considers that the conditions of Sec. 37 of NDPS Act may be dispensed with at this stage.

6. For the reasons stated hereinabove and regard being had to the pre trial detention of the Petitioner in custody since 22.08.2023, this Court without expressing any view on merits admits the petitioner to bail.

7. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds in the sum of Rs.1,00,000/- (Rupees One Lakh) only 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 with following conditions:-

(i) the petitioner shall not commit any offence while on bail, (ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.269 of BNS,2023 in accordance with law (iii) the petitioner shall not leave the territorial jurisdiction of the trial Court without prior permission till disposal of the case by intimating his present address of stay to the concerned Court and (iv) the petitioner shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on 2^nd Sunday of each month in between 10 A.M. to 12 Noon for six (06) months from the actual date of release from the custody.

The IIC of the Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated.

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wa