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2025 Supreme(Online)(Ori) 4494

ORISSA HIGH COURT
ANIRUDHA BARIK@RAJA – Appellant
Versus
STATE OF ODISHA – Respondent


Judgement Key Points

Question 1? Question 2? Question 3?

Key Points: - The High Court (Orissa) set aside the impugned order rejecting release of seized vehicle and mobile phone and remanded for reconsideration in light of Asish Ranjan Mohanty v. State of Odisha and SOP, directing reconsideration within four weeks (!) . - The appeal concerns an application under Section 503 BNSS, 2023 for release of seized mobile phone and vehicle in a case under NDPS Act, with arguments about ownership and potential use in crime (!) (!) . - The Court noted that the trial Court did not refer to the cited judgment and SOP and, accordingly, remanded to consider in light of that law (!) (!) . - The matter was heard on Hybrid Arrangement (virtual/physical) with arguments from Petitioner and State (!) (!) . - The application is disposed of with urgent certified copy issued; remand back to trial Court for reconsideration within four weeks from production of copy of the order (!) (!) . - The order was passed by Hon’ble MR. JUSTICE ADITYA KUMAR MOHAPATRA (!) . - The proceeding originates from Criminal Misc. Case No.151 of 2024 arising out of Khandagiri P.S. Case No.472/2024; offence under Section 21(b) NDPS Act (!) . - The State’s argument emphasized seriousness of offence and risk of release aiding similar offences (!) . - The Petitioner contends ownership and readiness to produce vehicle when required (!) .

Question 1?

Question 2?

Question 3?


IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.4895 of 2025 Anirudha barik @ Raja ..... Petitioner Represented By Adv. –

Mr. Devashis Panda -versus-

State Of Odisha ..... Opp. Party Represented By Adv. –

Mr. B.K. Sahu, AGA CORAM:

MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

24.11.2025 Order No.

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

2. Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State- Opposite Party. Perused the application as well as the prayer made therein.

3. The present application has been filed under Section 528 of BNSS thereby challenging the order dated 12.08.2025 passed by the learned First Additional Sessions Judge-cum-Special Judge, Bhubaneswar in Criminal Misc. Case No.151 of 2024 which arises out of Khandagiri P.S. Case No.472 of 2024 and corresponds to T.R. Case No.400 of 2024. The above noted case was registered for alleged commission of offence punishable under Section 21(b) of the N.D.P.S. Act.

4. Learned counsel for the Petitioner at the outset contended that at the time of occurrence a mobile phone and a motor bike was seized from the possession of the present Petit

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