Sk. Faruk @ Sk vs State Of Odisha .... Opposite Party
2025 Latest Caselaw 9908 Ori

Orissa High Court

Sk. Faruk @ Sk vs State Of Odisha .... Opposite Party on 12 November, 2025

Author: V. Narasingh

Bench: V. Narasingh

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                       ABLAPL No. 11034 of 2025

        Sk. Faruk @ Sk.               ....           Petitioner
        Farooque
                                      Mr. D. Sahoo, Advocate

                                -versus-

        State of Odisha               ....      Opposite Party

                                           Mr. S.K. Lenka, ASC

                        CORAM: JUSTICE V. NARASINGH
                                    ORDER

12.11.2025 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 Special (NDPS) Case No.40/2025 pending on the file of learned Special Judge, Bhadrak, arising out of Puruna Bazar P.S. Case No.218 of 2025 for commission of offences punishable under Section 21(b)/ 29 of N.D.P.S. Act.

3. It is submitted by the learned counsel for the Petitioner that the basis of implication is on account of the co-accused statement from whose possession contraband to the tune of 11gms (Brown Sugar) was seized.

4. Learned counsel for the Petitioner relying on the judgment of the Apex Court in the case of Tofan Singh Vs. State of Tamil Nadu, reported in (2021)

4 SCC 1, submits that the Petitioner may be protected by pre-arrest bail.

5. Learned counsel for the State opposes the prayer for pre-arrest bail and submits that since the investigation is at a nascent stage, the Petitioner ought not to be protected by pre-arrest bail.

6. Learned counsel for the State submits that the Petitioner has been cited as an accused in Purunabazar P.S. Case No.208 dated 28.08.2025 U/s- 310(4)/310(5) of BNS.

7. So far as criminal antecedent is concerned, learned counsel for the Petitioner submits that since the Petitioner is not accused of commission of similar offence that ought not to deter this Court from considering his prayer for pre-arrest bail.

8. Considering the nature of allegation and keeping in view the bar contained in Section 37(1)(b)(ii) of NDPS Act and the nature of contraband seized and the investigation being at a nascent stage, this Court is not inclined to entertain the ABLAPL. 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.

Digitally Signed 9. The ABLAPL is accordingly disposed of.

Location: High Court of Orissa, Cuttack Date: 13-Nov-2025 11:52:39 (V. NARASINGH) Judge Ayesha