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2026 DAILYLAW 4782 (ORI)

HEMANTA BEHERA v. STATE OF ODISHA

BLAPL/1741/2026 · 2026-04-21

V Narasingh

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1741 of 2026 1. Hemanta Behera 2. Rajesh Kumar Patra 3. Mishra Behera &. Petitioners Mr. P.K. Mohanty, Advocate -versus- State of Odisha &. Opposite Party Mr. C.R. Swain, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER 21.04.2026 01. 1. Heard learned counsel for the Petitioners and learned counsel for the State. 2. The Petitioners are accused in connection with Special Case No.06 of 2026, pending in the Court of learned Special Judge, Anandpur, arising out of Ghasipura P.S. Case No.51 of 2026, for commission of alleged offences under Section 20(b)(ii)(c)/29 of NDPS Act for possessing contraband (ganja) to the tune of 35 kgs 850 grams and 50 kgs 800 grams. 3. Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioners relating to the aforementioned P.S. Case is pending in any other Court. p. 2 4. Being aggrieved by the rejection of his application for bail U/s. 483 of the BNSS by the learned Special Judge, Anandpur by order dated 07.02.2026, the present BLAPL has been filed. 5. Taking into account the contraband seized is to the tune of 35 kgs 850 grams and 50 kgs 800 grams, this Court is of the considered view that in terms of the stipulation in Section 37(1)(b)(ii) of the NDPS Act, it would not be prudent to consider the application for bail, during currency of investigation, without having the benefit of evaluation of incriminating materials qua the Petitioners, post charge sheet by the learned Court in seisin. 6. Liberty is granted to the Petitioners to renew their prayer before for the learned Court in seisin after submission of final form, which shall be considered on its own merits without being influenced by the earlier rejection or the order passed by this Court. 7. The disposal of this BLAPL as aforesaid could not deter the Petitioners from seeking interim bail on moving the learned Court in seisin. 8. Accordingly, the BLAPL stand disposed of. U.C.C as per rules. (V. NARASINGH) Judge Soumya Designation: Jr. Stenographer