Sk. Daud v. Union of India (NCB)
Case at a glance
- Bench
- A K MOHAPATRA
Outcome
Bail granted
in the event the petitioner is released on bail, there is every
Provisions considered
Key paragraphs
- Para 44. It is stated by the learned counsel for the Petitioner that the Petitioner has been implicated in the present case on the basis of the co-accused statement. He further contended that since no recovery was made from the conscious and exclusive possession of the…
- Para 88. The ABLAPL is disposed of accordingly. Urgent certified copy of this order be granted as per rules. Rubi (A.K. Mohapatra) Judge Page 3 of 3. Signature Not Verified Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: OHC Date: 24-May-2026 15:29:20
Judgment
Represented by Adv. - Mr. P.K.Parhi, DSGI along with Ms. P.Nayak, CGC CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 22.05.2026
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
Heard learned counsel for the Petitioner and learned DSGI for the Opposite Party-Union of India (NCB). Perused the records.
This is an application under Section 482 of B.N.S.S. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 8(c) r/w 20(b)(ii)(C), 25, 28, 29 & 60 of the NDPS Act in Spl. GR Case No.18 of 2025 of the Court of learned Additional District & Sessions Judge -cum- Special Judge, Karanjia arising out of N.C.B Crime No.10/NCB/BBSR/2025.
It is stated by the learned counsel for the Petitioner that the Petitioner has been implicated in the present case on the basis of the co-accused statement. He further contended that since no recovery was made from the conscious and exclusive possession of the Page 1 of 3. Petitioner, the bar under Section 37 would not be applicable. It was stated that the Petitioner’s case is squarely covered by the ratio in Tofan Singh v. The State of Tamil Nadu, reported in (2013) 16 SCC 31 wherein it has been held that the statement of the co-accused cannot be used against the present Petitioner. He further submitted that the Petitioner does not have any similar criminal antecedent. On such ground, learned counsel for the Petitioner contended that the released the Petitioner on pre-arrest bail.
Operative part
Mr. Parhi, learned D.S.G.I. appearing for the NCB on the other hand objected to the release of the Petitioner on the ground of gravity and seriousness of the allegation. He further contended that in the event the petitioner is released on bail, there is every likelihood that he might abscond. On such ground, learned D.S.G.I. opposed the present bail application.
Taking into consideration the nature and gravity of the allegation, on the request of learned counsel for the Petitioner, the Petitioner is permitted to surrender before the learned court in seisin over the matter within a period of three weeks from today and move an application for bail. In such eventuality, learned court in seisin over the matter shall do well to consider the aforesaid observations made by this Court and dispose of the bail application of the Petitioner on the same day. While considering the bail application of the Petitioner, the learned trial court shall also apply the principles of parity, taking into consideration the aforesaid observation made by this Court and shall also keep in view the law laid down by the Hon’ble Supreme Court in Tofan Singh v. The State of Tamil Nadu, reported in (2013) 16 SCC 31 and Page 2 of 3. pass necessary order.
The case diary as well as the other materials be made available on the date of surrender on an application being filed by the Petitioner prior to his date of surrender along with a copy of today’s order.
The ABLAPL is disposed of accordingly. Urgent certified copy of this order be granted as per rules. Rubi (A.K. Mohapatra) Judge Page 3 of 3. Signature Not Verified Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: OHC Date: 24-May-2026 15:29:20
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: in the event the petitioner is released on bail, there is every
Which statutory provisions did this judgment involve?
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482; Narcotic Drugs and Psychotropic Substances Act, 1985.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.