Kalimuddin Sk vs State Of Odisha .... Opposite Party
2025 Latest Caselaw 1214 Ori

Orissa High Court

Kalimuddin Sk vs State Of Odisha .... Opposite Party on 14 July, 2025

Author: V. Narasingh

Bench: V. Narasingh

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                             ABLAPL No.6851 of 2025

       Kalimuddin Sk.                  ....             Petitioner
                                           Ms. A. Mehta, Advocate


                                -versus-

       State of Odisha                 ....       Opposite Party

                                                Mr. S.N. Das, ASC

                      CORAM: JUSTICE V. NARASINGH
                                    ORDER

14.07.2025 Order 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 G.R. Case No.29 of 2021 pending in the Court of learned 2nd Addl. Sessions Judge-cum- Special Judge, Cuttack, arising out of Spl. Task Force P.S. Case No.35 of 2021 for commission of offence punishable under Sections 21(C)/29 of NDPS Act.

3. Learned counsel for the State opposes such prayer.

4. It is submitted by the learned counsel that the basis of implication is on account of the statement of the co-accused and the allegation against the present Petitioner is that he along with other co-accused are involved in transportation of contraband (brown sugar)

to the tune of 1043 grams and relying on 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 submits that the Petitioner may be protected by pre- arrest bail.

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

6. Taking into account the nature of allegation, 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 moves an application for his release on bail, the same shall be considered on its own merit.

Ground of Parity, if any, may be considered by the learned court (s) in seisin.

7. Accordingly, the ABLAPL stands disposed of.

8. U.C.C. as per rules.

Digitally Signed (V. NARASINGH) Signed by: SOUMYA RANJAN SAMAL Designation: Jr. Stenographer Judge Reason: Authentication Soumya Location: High Court of Orissa Date: 15-Jul-2025 18:35:20