Sk. Morad Ali @ Sk vs State Of Odisha .... Opposite Party
2025 Latest Caselaw 2374 Ori

Orissa High Court

Sk. Morad Ali @ Sk vs State Of Odisha .... Opposite Party on 4 August, 2025

Author: V. Narasingh

Bench: V. Narasingh

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                      ABLAPL No.6004 of 2025

         Sk. Morad Ali @ Sk.        ....           Petitioner
         Murad
                                    Mr. A.S. Paul, Advocate
                              -versus-

         State of Odisha            ....       Opposite Party
                                           Mr. S. Panda, ASC

                           CORAM: JUSTICE V. NARASINGH

                               ORDER

Order                        04.08.2025
No.
02.     1.     Heard learned counsel for the Petitioner and
        learned counsel for the State.

2. The Petitioner is seeking pre-arrest bail in connection with Special G.R. Case No.14 of 2025, pending in the Court of learned District and Sessions Judge, Bhadrak, arising out of Bhadrak Town P.S. Case No.255 of 2025 for commission of alleged offences under Section 20(b)(ii)(B) of NDPS Act.

3. It is submitted by the learned counsel that the contraband (Ganja) involved around 16 kgs is less than the commercial quantity. Hence, the bar under Section 37(1)(b)(ii) of NDPS Act is ex facie

not attracted, and the Petitioner whose complicity is admittedly on account of the co-accused statement may be protected by pre-arrest bail.

4. In this context he refers to the judgment of the Apex Court in the case of Tofan Singh vrs. State of Tamil Nadu, reported in (2021) 4 SCC 1.

5. Learned counsel for the State opposes the prayer for pre-arrest bail, inter alia, on the ground that the investigation is at a nascent stage. Hence, the Petitioner ought not to be protected by pre- arrest bail.

6. Considering the submission regarding the complicity of the Petitioner and the quantity of the contraband involved, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioner shall be released on bail by the learned Court in seisin on such terms as deemed just and proper subject to verification of criminal antecedent of any nature.

7. If it comes to the fore that the Petitioner has any criminal antecedent, this order shall not be given effect to.

8. It is needless to state that the Petitioner shall cooperate with the ongoing investigation.

9. Accordingly, the ABLAPL stands disposed of.

(V. NARASINGH) Judge

Jina

Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 05-Aug-2025 13:55:09