Sujit Khatua vs State Of Odisha ..... Opp. Party
2025 Latest Caselaw 1362 Ori

Orissa High Court

Sujit Khatua vs State Of Odisha ..... Opp. Party on 17 July, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                            CRLMC No.2568 of 2025
            Sujit Khatua                .....         Petitioner
                                                            Represented By Adv. -
                                                            Basudev Pujari

                                                            Along with

                                                            Bijay Kumar Behera

                                           -versus-
            State Of Odisha                       .....                  Opp. Party
                                                            Represented By Adv. -
                                                            S.K. Parhi, A.S.C.

                                 CORAM:
                   THE HON'BLE MR. JUSTICE ADITYA KUMAR
                               MOHAPATRA

                                           ORDER

17.07.2025 Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Heard Mr. Pujari, learned counsel for the Petitioner as well as learned counsel for the State. Perused the records.

3. By filing the present application under Section 482 of Cr.P.C. read with Section 528 of the B.N.S.S., the Petitioner has challenged order dated 08.05.2024 thereby issuing NBW of arrest against the present petitioner by learned Sessions Judge-cum- Special Judge, Boudh in 2(a)C.C. Case No.18/2022-23 which arises out of Excise Mobile Squad Boudh P.R. No.77/2022-23.

4. Mr. Pujari, learned counsel for the Petitioner at the outset contended that an Excise P.R. was registered on 29.08.2022 under

Annexure-1 to the application wherein it has been alleged that the Excise Mobile Squad Boudh seized 55 kgs of contraband ganja from three motorcycles. However, although three motorcycles were seized, nobody was arrested from the spot. Learned counsel for the Petitioner further contended that the Petitioner, who is no way connected with the present case, has been alleged as an accused in the present case. He further submitted that in the meantime vide order dated 08.05.2024, the learned trial court has issued an NBW against the present Petitioner. He further submitted that in the meantime some of the co-accused persons have already been released on bail. So far the present Petitioner is concerned, it is further contended that neither the Petitioner was arrested from the spot nor any contraband articles have been recovered from the exclusive and conscious possession of the present Petitioner. Therefore, the bar under Section 37 would not be attracted to the facts of the present case. It was also contended that the basis of implication of the Petitioner is on the basis of the co-accused statement which is not admissible as evidence in view of the judgment of the Hon'ble Supreme Court of India in Tofan Singh vs. State of Tamil Nadu reported in (2021) 4 SCC 1.

5. Taking into consideration the aforesaid facts, this Court disposes of the application by granting liberty to the Petitioner to surrender before the court below and move an application for bail within three weeks from today. In such eventuality, the learned Court in seisin over the matter shall consider the bail application of the Petitioner keeping in view the aforesaid observations and dispose of the application on the very same day. Further, while considering the application of the Petitioner, learned Court in

seisin over the matter shall apply the principles of parity.

6. The case diary be made available to the concerned court to facilitate disposal of the bail application of the Petitioner.

7. Accordingly, the CRLMC is disposed of.

Issue urgent certified copy of this order as per Rules.

( Aditya Kumar Mohapatra) Judge Anil

Designation: Junior Stenographer

Location: High Court of Orissa Date: 17-Jul-2025 17:15:46