IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.11716 of 2025 Malick Batsha S. & Another … Petitioners Mr. M. Bag, Advocate -versus-

State of Orissa … Opposite Party Mr. A. Pradhan, Addl. PP CORAM:

JUSTICE G. SATAPATHY

ORDER(ORAL)

10.12.2025 Order No

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

2. This is the bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with PR Case No.56 of 2025-26 corresponding to 2(a) CC Case No.17 of 2025(NDPS) pending in the file of learned Sessions Judge Kalahandi at Bhawanipatna for commission of offences punishable U/Ss.20(b)(ii)(C) of NDPS Act, on the main allegation of possessing net weight of 20Kgs 630Grams of Contraband Ganja.

3. Heard, Mr. Mohan Bag, learned counsel for the petitioner and Mr. A. Pradhan, learned Additional Public Prosecutor in the present matter and perused the record. On being queried about the criminal antecedent of the petitioners, Mr. Bag volunteers to withhold bail to the petitioners, if they are found to have any criminal antecedent of similar nature for commission of offence under NDPS Act.

4. Admittedly, the petitioners have been detained in custody since 16.07.2025, but no charge-sheet has yet been filed in this case, however, there is no immediate prospect of trial in this case. Further, it is claimed that the petitioners are not having any criminal antecedents of similar nature for commission of offence under NDPS Act. In the peculiar facts and circumstances of this case, especially when there is no immediate prospect of trial, the petitioners would be considered to have satisfied the conditions of Sec.37 of NDPS Act, if they are not having any criminal antecedent of similar nature for commission of offence under NDPS Act.

5. For the reason stated hereinabove and taking into account the pre-trial detention of the petitioners in custody and the quantity of contraband ganja being just above the commercial quantity, this Court without expressing any view on merit admits each the Petitioners to bail, but subject to verification of their criminal antecedents.

6. Hence, the bail application of the petitioners stands allowed and the petitioners 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 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. 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: 11-Dec-2025 11:29:50