Sabhalam@Subhalam v. State Of Odisha

Mr. M.R. Mishra, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 04.09.2024

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

Heard the learned counsel for the Petitioner as well as learned counsel for the State-Opposite Party. Perused the application as well as the documents annexed thereto.

This application under Section 482 of Cr.P.C. has been filed by the Petitioner with a prayer to quash the F.I.R. in connection with Semiliguda P.S. Case No.14 of 2021, corresponding to T.R. Case No.08 of 2021, pending before the learned Additional Sessions Judge-cum-Special Judge, Koraput.

Learned counsel for the Petitioner, at the outset, Page 1 of 3. submitted that the Petitioner does not want to press this application at this stage with liberty to raise all the points at the time of framing of charge.

Considering such submission, the CRLMC is disposed of not pressed with the liberty as sought for.

Learned counsel for the Petitioner at this juncture further contended that the Petitioner apprehends his arrest in the present case although he was not present at the spot and nothing has been recovered from his exclusive and conscious possession and that he has been implicated on the basis of the co-accused statement. He further contended that keeping in view the fact that nothing has been recovered from the conscious and exclusive possession of the Petitioner, the bar under Section 37 of the N.D.P.S. Act would not be attracted to the facts of the present case. He further contended that the confessional statement of the co-accused under Section 67 of N.D.P.S. Act cannot be held admissible in view of the judgment of Tofan Singh v. The State of Tamil Nadu, reported in (2013) 16 SCC 31.

Considering such submission made, this Court directs that in the event the Petitioner surrenders before the Court in seisin over the matter within a period of three weeks from today and moves an application for bail, the Court in seisin over the matter shall consider and dispose of the bail application of the Petitioner in accordance with law on the same day. While considering the bail application of the Petitioner, the Court in Page 2 of 3. seisin over the matter 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 shall also take into consideration the fact that the bar under Section 37 of the N.D.P.S. Act would not be attracted to the facts of the present case and pass necessary order. While considering the bail application of the Petitioner, the Court in seisin over the matter shall also apply the principle of parity, if applicable.

The Case Diary be made available to the concerned court to facilitate disposal of the bail application of the Petitioner. Urgent certified copy of this order be granted on proper application. Debasis ( Aditya Kumar Mohapatra) Judge Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: ORISSA HIGH COURT Date: 04-Sep-2024 19:54:02 Page 3 of 3.