Prafulla Kumar Nayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10771 of 2022 Prafulla Kumar Nayak ....

Petitioner Mr. Amlan Shakti Paul, Advocate -versusState of Odisha ....

Opposite Party Mr. P.C. Das, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

08.09.2022 Order No.

01.

1.

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

2.

Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 21(b) & 29 of the N.D.P.S. Act. & Section 34, I.P.C. 4.

It is submitted by learned counsel for the Petitioner that that the basis of the statement of the co-accused persons, the Petitioner has been implicated in the present case and the seized quantity of contraband drugs is less than the commercial quantity. 5.

Considering the seriousness of the allegation, gravity of the offence and facts and circumstances of the case, it is observed that, the Petitioner, if so advised, may surrender before the learned 1st Additional Sessions Judge-cum-Special Judge, Khurda in T.R. Case

// 2 // No.76 of 2022 corresponding to Baghamari P.S. Case No.103 of 2022 within a period of three weeks from today. In the event the Petitioner surrenders and moves for bail within the aforesaid stipulated period, learned 1st Additional Sessions Judge-cum-Special Judge, Khurda shall do well to dispose of the bail application of the Petitioner on the same day on merit in accordance with law and further keeping in view the fact that the Petitioner was not present at the spot from where the seizure was made. Further, while considering the bail application of the Petitioner, the learned court in seisin over the matter shall also consider the law laid down by the Hon'ble Supreme Court of India in Tofan Singh vs. State of Tamilnadu : reported in (2021) 4 SCC 1 and order dated 10.01.2022 in the matter of State by (NCB) Bengaluru Vs. Pallulabid Ahmad Arimuta and another (Special Leave to Appeal (Criminal) No.242 of 2022). The Case Diary be made available to the concerned court in order to facilitate in disposal of the bail application of the petitioner on the same day.

Ground of parity, if canvassed by the learned counsel for the Petitioner, shall also be taken into consideration by the learned 1st Additional Sessions Judge-cum-Special Judge, Khurda, while considering the bail application of the Petitioner. 6.

The ABLAPL is disposed of accordingly.

7.

Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge S.K.Parida