Tapan Kamila vs State Of Odisha .... Opposite Party
2025 Latest Caselaw 2376 Ori

Orissa High Court

Tapan Kamila 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.8783 of 2025

       Tapan Kamila                       ....          Petitioner
                                           Mr. D.K Patra, Advocate


                               -versus-

       State of Odisha                    ....     Opposite Party

                                               Mr. S.K Lenka, ASC
                      CORAM: JUSTICE V. NARASINGH
                                      ORDER

04.08.2025 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 No.02 of 2025 pending in the Court of learned Court of 1st Addl. Sessions Judge- cum-Special Judge, Khurda arising out of P.R No.222/2024-2025 for commission of offence punishable under Sections 20 (b) (ii) (C) of Narcotic Drugs and Psychotropic Substances Act for possessing 22 kg ganja.

3. It is submitted by the learned counsel that the basis of implication is on account of the co-accused statement and the co-accused in whose custody the contraband (ganja) was seized has since been released on bail by order dated 18.02.2025 in BLAPL No.1092 of 2025 and referring to the judgment of the Apex Court

in the case of Tofan Singh vrs. State of Tamil Nadu, reported in (2020) 80 OCR (SC) 641 and the State of Haryana vrs. Samarth Kumar reported in 2022 Live Law (SC) 622, he seeks pre-arrest bail.

4. Learned counsel for the State opposes such prayer invoking the bar contained in Section 37(1)(b)(ii) of the NDPS Act.

5. Taking into account the contraband (ganja) more than the commercial quantity, this Court is not inclined to entertain the application for pre-arrest bail. However, in the event the Petitioner surrenders before the learned Court in seisin in the aforesaid case and move an application for his release on bail, the same shall be considered on its own merit.

6. Question of parity, if so urged, shall also be taken into account.

7. Accordingly, the ABLAPL stands disposed of.

(V. NARASINGH) Judge Soumya

Signed by: SOUMYA RANJAN SAMAL

Location: High Court of Orissa Date: 05-Aug-2025 19:51:40