IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 13664 of 2025 Pramod Dora …. Petitioner Mr. A. Mohanty, Advocate -versus-

State of Orissa …. Opposite Party Mr. S.K. Lenka, ASC CORAM: JUSTICE V. NARASINGH

ORDER

08.12.2025 Order No.

01. 1. Heard learned counsel for the Petitioner and learned counsel for the State.

2. The Petitioner is seeking pre-arrest bail in connection with T.R. Case No.85 of 2021 pending in the Court of Learned Additional Sessions Judge-CUM- Special Judge, Jeypore, arising out of Jeypore Town P.S. Case No.226 of 2021 for commission of offences punishable U/s. 20(b)(ii)C/25/29 of the NDPS Act.

3. It is submitted by the learned counsel for the Petitioner that the basis of implication is on account of the statement of co-accused R. Hemant Kumar. It is submitted that said R. Hemant Kumar along with two other accused persons, faced trial, who were acquitted by the judgment dated 10.12.2024 passed by the learned Addl. Sessions Judge-Cum- Special Judge, Jeypore in T.R. Case No.85 of 2021 and the acquittal was inter alia, on the ground of non-compliance of Sections 52-A¹ as well as 55² of NDPS Act. In this context reference is made to paragraph-14 of the said judgment. Thereafter reference is made to Paragraph- 16 of the said judgment that “Even though the prosecution is successful in establishing the sample are ganja, but has failed to establish that the same are recovered from the accused persons and other aspects

1 52-A. Disposal of seized narcotic drugs and psychotropic substances.—(1) The Central Government may, having regard to the hazardous nature, vulnerability to theft, substitution, constraint of proper storage space or any other relevant consideration, in respect of any narcotic drugs, psychotropic substances, controlled substances or conveyances, by notification in the Official Gazette, specify such narcotic drugs, psychotropic substances, controlled substances or conveyance or class of narcotic drugs, class of psychotropic substances, class of controlled substances or conveyances, which shall, as soon as may be after their seizure, be disposed of by such officer and in such manner as that Government may, from time to time, determine after following the procedure hereinafter

specified.

(2) Where any narcotic drugs, psychotropic substances, controlled substances or conveyances has been seized and forwarded to the officer-in-charge of the nearest police station or to the officer empowered under Section 53, the officer referred to in sub-section (1) shall prepare an inventory of such narcotic drugs, psychotropic substances, controlled substances or conveyances containing such details relating to their description, quality, quantity, mode of packing, marks, numbers or such other identifying particulars of the narcotic drugs, psychotropic substances, controlled substances or conveyances or the packing in which they are packed, country of origin and other particulars as the officer referred to in sub-section (1) may consider relevant to the identity of the narcotic drugs, psychotropic substances, controlled substances or conveyances in any proceedings under this Act and make an application, to any Magistrate for the purpose of—

(a) certifying the correctness of the inventory so prepared; or (b) taking, in the presence of such Magistrate, photographs of such drugs, substances or conveyances and certifying such photographs as true; or (c) allowing to draw representative samples of such drugs or substances, in the presence of such Magistrate and certifying the correctness of any list of samples so drawn.

(3) Where an application is made under sub-section (2), the Magistrate shall, as soon as may be, allow the application.

(4) Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872)11 or the Code of Criminal Procedure, 1973 (2 of 1974)10, every court trying an offence under this Act, shall treat the inventory, the photographs of narcotic drugs, psychotropic substances, controlled substances or conve