Paul Digal vs State Of Odisha
2025 Latest Caselaw 8020 Ori

Orissa High Court

Paul Digal vs State Of Odisha on 9 September, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                               CRLMC No.3521 of 2025

            Paul Digal                          .....                Appellant
                                                        Represented By Adv. -
                                                        Suryakanta Dwibedi


                                          -versus-

            State Of Odisha                     .....              Respondent
                                                        Represented By Adv. -
                                                        Mr.U.C.Jena, ASC


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

                                       ORDER

09.09.2025

Order No.

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

2. Heard learned counsel for the parties and perused the records.

3. This application under Section 528 of BNSS, 2023 has been filed by the Petitioner with a prayer to quash the entire criminal proceeding in C.T.Case No.52 of 2025 arising out of Baliguda P.S.Case No.50 of 2025 pending in the file of the learned Additional Sessions Judge-cum-Special Judge, Balliguda for commission of alleged offense punishable under section 20(b)(ii)C of NDPS Act, 1985.

4. Learned counsel for the Petitioner during course of argument submits that the Petitioners do not want to press this application with liberty to the Petitioner to raise all the grounds raised herein, at the time of consideration of charge by filing a discharge petition. He further submitted that the Petitioner has been implicated in the present case on the basis of confessional statement. It is also contended that nothing was recovered from his exclusive and conscious possession of the Petitioner. Therefore, learned counsel for the Petitioner submitted that neither the bar under section 37 of the NDPS Act is attracted to the fact of the present case nor the statement of co-accused can be used against the Petitioner in view of the judgment of the Hon'ble Supreme Court in the case of Tofan Singh vs. State of Tamil Nadu reported in (2021) 4 SCC 1

5. Considering the submission made, this CRLMC stands disposed of as not pressed with liberty as prayed for.

6. In such view of the matter, the Petitioner is directed to surrender before the learned Additional Sessions Judge- cum-Special Judge, Balliguda in C.T.Case No.52 of 2025 in the aforesaid case within five weeks from today. In the event the Petitioner surrenders and moves for bail within the aforesaid period, learned Additional Sessions Judge-cum- Special Judge, Balliguda in C.T.Case No.52 of 2025 shall do well to dispose of the bail application of the Petitioner on the same day on merit in accordance with law. The case diary be made available to the concerned court to facilitate disposal of the bail application of the Petitioner prior to the

date of surrender.

7. The CRLMC is disposed of accordingly.

8. Urgent certified copy of this order be granted as per Rules.

( Aditya Kumar Mohapatra) Judge RKS

Designation: AR-CUM-Senior Secretary

Location: High Court of Orissa Date: 09-Sep-2025 15:53:55