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2025 Supreme(Online)(Ori) 5344

ORISSA HIGH COURT
BHARAT BEHERA @ BHARAT CHANDRA BEHERA – Appellant
Versus
STATE OF ODISHA – Respondent


IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.13596 of 2025 Bharat Behera @ Bharat Petitioner Chandra Behera Mr. S.K. Sahu, Advocate -versus-

State of Orissa Opposite Party Mr. M.R. Patra, Addl. PP CORAM:

JUSTICE G. SATAPATHY

ORDER(ORAL)

Order No. 24.12.2025

01. 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 petitioner for grant of bail in connection with Berhampur PS Case No.85 of 2021 corresponding to GR Case No.13(A)/2021(N) pending in the file of learned 2nd Addl. Sessions Judge-cum-Special Judge, Berhampur for commission of offences punishable U/Ss.20(b)(ii)(C)/25 of NDPS Act, on the main allegation of transporting 82Kgs of Contraband Ganja in an Auto Rickshaw bearing Regd. No.OD-07-L-5988.

3. In the course of hearing, Mr. Swagat Kumar Sahu, learned counsel for the petitioner submits that there is total non-compliance of Sec.42, 50 & 52-A of the NDPS Act, but the petitioner has been implicated in this case on the basis of statement of co-accused. He further submits that there is discrepancy in the color of the bag containing contraband article in the seizure list and in the FIR and, therefore

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