IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.11019 of 2025 Kamal Kishore Barik … Petitioner Mr. D. Mund, Advocate -versus-

State of Orissa … Opposite Party Mr. M.K. Mohanty, Addl. PP CORAM:

JUSTICE G. SATAPATHY

ORDER(ORAL)

Order No. 20.11.2025

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

2. This is an application U/S.483 of BNSS Act by the petitioner for grant of bail in connection with Athamallik Excise PR Case No.85 of 2025 corresponding to Special (NDPS) Case No.15 of 2025 pending in the Court of learned Special Judge Athamallik for commission of offences punishable U/S. 20(b)(ii)(C) of the NDPS Act, on the main allegation of transporting 30Kgs of contraband ganja in a Tata Indigo Car bearing Regd. No.OD-01-F-6911.

3. Heard Mr. Dhananjay Mund, learned counsel for the petitioner and Mr. M.K. Mohanty, learned Addl. Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioner, Mr. Mund 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.

4. Admittedly, the petitioner renews his prayer for bail after submission of final PR in terms of the liberty granted by this Court in BLAPL No.8173 of 2025. It is undisputed that the petitioner is no custody since 09.07.2025 and in the meantime PR has already been submitted. There is no immediate prospect of trial. Further, it is claimed that the petitioner is not having any criminal antecedents of similar nature for commission of offence under NDPS Act. In the peculiar facts and circumstances of the case, especially when there is no immediate prospect of trial, the petitioner would be considered to have satisfied the conditions of Sec.37 of NDPS Act, if he is not having any criminal antecedent of similar nature for commission of offence under NDPS Act.

5. For the reason stated hereinabove and regard being had to the submission of PR in the meantime, this Court without expressing any view on merit admits the Petitioner to bail, but subject to verification of his criminal antecedents.

6. Hence, the bail application of the petitioner stand allowed and the petitioner is allowed to go on bail on furnishing bail bonds 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.

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 offence under NDPS Act.

7. Accordingly, the BLAPL stands disposed of.

8. Issue urgent certified copy of the order as per Rules.

(G. Satapathy)

Judge Jayakrushna Signature Not Verified Digitally Signed Signed by: JAYAKRUSHNA DASH Reason: Authentication Location: High Court of Orissa, Cuttack Date: 20-Nov-2025 20:38:05