Orissa High Court

CRLMC/2994/2026 of BASUDEVA MAHAKUDA Vs STATE OF ODISHA on 1 September 2026

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of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2994 of 2026 CNR No. ODHC010655152026 Basudeva Mahakuda & Anr. ..... Petitioners Represented by Adv. - Bikash Karna -versus- State Of Odisha ..... Opp. Party Represented by Adv. – C.M. Singh, A.S.C. CORAM: THE HON’BLE MR.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No.2994 of 2026

CNR No. ODHC010655152026

Basudeva Mahakuda & Anr.

.....

Petitioners

Represented by Adv. -

Bikash Karna

-versus-

State Of Odisha

.....

Opp. Party

Represented by Adv. –

C.M. Singh, A.S.C.

CORAM:

THE HON’BLE MR. JUSTICE ADITYA KUMAR

MOHAPATRA

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ORDER

01.09.2026 Order No.

01.

1. This matter is taken up through Hybrid Mode.

2. Heard the learned counsel for the Petitioners as well as learned counsel for the State-Opposite Party. Perused the application as well as the prayer made therein.

3. The present Criminal Miscellaneous Case has been filed by the Petitioners with a prayer to quash the entire criminal proceeding initiated against them in connection with Kantamal P.S. Case No.141 of 2023, corresponding to Special (NDPS) Case No.168 of 2023, pending in the court of learned Addl. Sessions Judge-cum- Special Judge, Kantamal.

4. Learned counsel for the Petitioners, at the outset, contended that although the Petitioners have a very good case for quashing of the entire criminal proceeding, however, they do not want to press this application at this stage and seek permission to withdraw the same with liberty to raise all the points at the appropriate stage by

Page 2 of 2. filing an appropriate application.

5. Considering such submission, this CRLMC stands disposed of as withdrawn with the liberty as sought for.

6. Further, taking into consideration the submission made by the learned counsel for the Petitioners that nothing has been recovered from the exclusive and conscious possession of the present Petitioners, as is evident from the seizure list under Annexure-2; and that the Petitioners are ready and willing to cooperate with the trial, without expressing any opinion on the merits of the matter, it is directed that if the Petitioners surrender before the court in seisin over the matter within four weeks from today and move an application for bail, the court in seisin over the matter shall consider and dispose of the bail application of the Petitioners in accordance with law on the same day. While considering the bail application of the Petitioners, the court in seisin over the matter shall take into consideration the fact that since nothing has been recovered from the exclusive and conscious possession of the present Petitioners, the bar under Section 37 of the N.D.P.S. Act would not be attracted to the facts of the present case and pass necessary order. The Case Diary be made available to the concerned court to facilitate disposal of the bail application of the Petitioners.

Issue urgent certified copy of this order as per Rules.

( A.K. Mohapatra )

Judge

Anil

Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 03-Sep-2026 11:36:27 Signature Not Verified

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