IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.6180 of 2026 CNR No. ODHC010352462026 Dilip Guru @ Dillip … Petitioner Mr. S.Mitra, proxy counsel appearing on behalf of Mr.D.Mitra, Advocate -versus- State of Orissa … Opposite Party Mr. R.B.Mishra, Addl. PP CORAM: JUSTICE G. SATAPATHY ORDER(ORAL):02.09.2026Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with EI & EB Unit I PR Case No.83 of 2023-2024 corresponding to 2(a) CC Case No. 94 of 2023 pending in the Court of learned 1st Addl Sessions Judge, Cuttack, for commission of offence punishable U/S.20(b)(ii)(C) of the NDPS Act, on the main allegation of transporting 21Kgs of Contraband Ganja in a Chevrolet Spark car bearing Regd. No. OD-02-BJ-9912. 3. Heard, Mr.Somnath Mitra, learned proxy counsel appearing on behalf of Mr. Debashis Mitra, learned counsel for the petitioner and Mr. R.B.Mishra, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioner, Mr. Mitra volunteers to withhold bail to the petitioner, if he is found to have any Page 1 of 3 criminal antecedent for commission of offence under NDPS Act.

4. Admittedly, the petitioner was taken into custody on 16.05.2023, but in the meantime, only one witness has been examined, however, the trial is yet to be concluded, even after more than three years custody of the petitioner. In the peculiar facts and circumstance of the case and on consideration of materials placed on record together with claim of the petitioner for not having any criminal antecedent and the progress of trial at snail’s pace, the petitioner would be considered to have satisfied the conditions of Section 37 of NDPS Act, if he is not having any criminal antecedent for commission of offences under NDPS Act. 5. For the reasons stated hereinabove and taking into account the custody period of the petitioner, this Court without expressing any view on merit admits the petitioner to bail, but subject to verification of his criminal antecedent for commission of offence under NDPS Act. 6. Hence, the bail application of the petitioner stands allowed and the petitioner 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. Page 2 of 3 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 for commission of offences under NDPS Act.

7. 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 kishore Signature Not Verified Digitally Signed Signed by: KISHORE KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 02-Sep-2026 16:30:27 Page 3 of 3

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.6180 of 2026 CNR No. ODHC010352462026 Dilip Guru @ Dillip … Petitioner Mr. S.Mitra, proxy counsel appearing on behalf of Mr.D.Mitra, Advocate -versus- State of Orissa … Opposite Party Mr. R.B.Mishra, Addl. PP CORAM: JUSTICE G. SATAPATHY ORDER(ORAL):02.09.2026Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with EI & EB Unit I PR Case No.83 of 2023-2024 corresponding to 2(a) CC Case No. 94 of 2023 pending in the Court of learned 1st Addl Sessions Judge, Cuttack, for commission of offence punishable U/S.20(b)(ii)(C) of the NDPS Act, on the main allegation of transporting 21Kgs of Contraband Ganja in a Chevrolet Spark car bearing Regd. No. OD-02-BJ-9912. 3. Heard, Mr.Somnath Mitra, learned proxy counsel appearing on behalf of Mr. Debashis Mitra, learned counsel for the petitioner and Mr. R.B.Mishra, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioner, Mr. Mitra volunteers to withhold bail to the petitioner, if he is found to have any Page 1 of 3 criminal antecedent for commission of offence under NDPS Act.

4. Admittedly, the petitioner was taken into custody on 16.05.2023, but in the meantime, only one witness has been examined, however, the trial is yet to be concluded, even after more than three years custody of the petitioner. In the peculiar facts and circumstance of the case and on consideration of materials placed on record together with claim of the petitioner for not having any criminal antecedent and the progress of trial at snail’s pace, the petitioner would be considered to have satisfied the conditions of Section 37 of NDPS Act, if he is not having any criminal antecedent for commission of offences under NDPS Act. 5. For the reasons stated hereinabove and taking into account the custody period of the petitioner, this Court without expressing any view on merit admits the petitioner to bail, but subject to verification of his criminal antecedent for commission of offence under NDPS Act. 6. Hence, the bail application of the petitioner stands allowed and the petitioner 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. Page 2 of 3 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 for commission of offences under NDPS Act.

7. 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 kishore Signature Not Verified Digitally Signed Signed by: KISHORE KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 02-Sep-2026 16:30:27 Page 3 of 3