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2025 DAILYLAW 5199 (ORI)

KRISHNA BEHERA v. STATE OF ODISHA

BLAPL/11299/2025 · 2026-02-11

Gourishankar Satapathy

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.11299 of 2025 Krishna Behera & another … Petitioners Mr. B.R.Das, Advocate -versus- State of Orissa … Opposite Party Mr. C.Mohanty, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 11.02.2026 03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is a bail application U/S.483 of BNSS by the petitioners for grant of bail in connection with OIC of Excise, Berhampur-II, Excise Station PR No. 89 of 2025-26 corresponding to 2(a) CC Case No.46 of 2025(N) pending in the file of learned Sessions Judge- cum-Special Judge, Ganjam for commission of offences punishable U/Ss.20(b)(ii)(C)/8(C) of NDPS Act, on the main allegation of transportation 50Kgs of Contraband Ganja in a Mahindra Bolero bearing Regd. No.OD-07- 8022. 3. Heard Mr.Biswa Ranjan Das, learned counsel for the petitioners and Mr.C.Mohanty, learned Addl. PP in the matter and perused the record. 4. After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the Petitioners vis-à-vis p. 2 the accusation sought to be brought against them and regard being had to the recovery and seizure of 50Kgs of Contraband Ganja which is well above the commercial quantity from the vehicle allegedly in occupation of the petitioners and their consequent failure to satisfy the conditions of Sec. 37 of NDPS Act, which is sine qua non for grant of bail to an accused for commission of offence under NDPS Act involving commercial quantity, this Court is not inclined to grant bail to the petitioners. 5. Hence, the bail application of the petitioners’ stands rejected. Accordingly, the BLAPL stands disposed of. A soft copy of the order be immediately communicated to the learned trial Court. (G. Satapathy) Judge kishore