Orissa High Court
) Santosh Patel vs State Of Odisha ..... Opposite Party on 12 November, 2024
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.12409 of 2024
1) Santosh Patel ..... Petitioners
2) Ajay Patel Represented By Adv. -
Saroj Kumar Padhy
-versus-
State Of Odisha ..... Opposite Party
Represented By Adv. -
M.R.Mohanty, A.G.A.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
12.11.2024
Order No.
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioners and learned Counsel for
the State. Perused the records.
3. This is an application under Section 482, B.N.S.S. filed by the
Petitioners for anticipatory bail, involving offence punishable under
Sections 20(b)(ii)(b) & 29 of NDPS Act in C.T.(Spl.) Case No.86 of
2024 of the Court of learned District & Session Judge, Bargarh arising
out of Ambabhana P.S. Case No.176 of 2024.
4. It is stated by learned counsel for the Petitioners that the
Petitioners have been implicated in the present case on the basis of the
co-accused statement. He further submitted that the co-accused, who
was arrested from the spot and from his possession total quantity of 2
kg. 50 gms. of ganja was recovered, has named the Petitioner. He
further contended that the Petitioners have been falsely implicated in
the present case. He further submitted that since nothing has been
recovered from the exclusive and conscious possession of the
Petitioners, therefore, the bar under Section 37 would not be attracted to
the facts of the present case. He further referring to the judgment of the
Hon'ble Supreme Court in the case of Tofan Singh vs. State of Tamil
Nadu reported in (2021) 4 SCC 1, in the context that the statement of
the co-accused is not admissible, so far the present Petitioners are
concerned. He further submitted that the petitioners do not have any
similar criminal antecedent and that they belong to the locality,
therefore, there is no chance of their absconding.
5. Considering the facts of the case, this Court is not inclined to
grant anticipatory bail to the Petitioners. However, it is observed that
the Petitioners, if so advised, may surrender before the learned court
in seisin over the matter, in the aforesaid case within three weeks
from today. In the event the Petitioners surrender and move for bail
within the aforesaid period, learned court in seisin over the matter,
shall do well to dispose of the bail application of the Petitioners on
the same day on merit in accordance with law. Further, while
considering the bail application of the Petitioners, learned Court in
seisin over the matter shall consider the bail application taking into
consideration the aforesaid observations made by this court and shall
apply the principles of parity and the law laid down by the Hon'ble
Supreme Court of India in Tofan Singh's case (supra). The case
diary be made available to the concerned court to facilitate disposal
of the bail application of the Petitioners.
6. The ABLAPL is disposed of accordingly.
7. Urgent certified copy of this order be granted as per rules.
( A.K. Mohapatra)
Judge
Anil
Location: High Court of Orissa
