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1910 DAILYLAW 1 (ORI)

PRASANT KUMAR MOHANTY @ CHHUAPUA v. STATE OF ODISHA

ABLAPL/1910/2026 · 2026-04-07

R K Pattanaik

body1910

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1910 of 2026 Prasant Kumar Mohanty @ Chhuapua …. Petitioner Mr. S.R. Das, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. N. Das, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 07.04.2026 01. 1. Heard learned counsel for the petitioner and State. 2. Instant petition has been filed under Section 482 BNSS by the petitioner seeking pre-arrest bail in connection with Plantsite P.S. Case No.217 of 2025 corresponding to Special G.R. No.13 of 2025 pending in the court of learned 1st Additional Sessions Judge-cum-Special Judge, Rourkela on the grounds stated. 3. Recorded the submissions of learned counsel for the respective parties. Gone through the FIR as at Annexure-1. A case under Section 20(b)(ii)C of the NDPS Act has been registered on the recovery of commercial quantity of contraband Ganja. Mr. Das, learned counsel for the petitioner would submit that the present accused has been implicated on the basis of the confessional statement of the co-accused, hence, to be released on bail, which is opposed by learned counsel for the State on the ground that he has five other similar antecedents. Considering the fact that the recovery relates to commercial quantity of contraband substance, this Court recording such submission that the petitioner’s involvement is on the strength of a disclosure made by the co- accused persons, this Court is not inclined to consider his plea for pre-arrest bail but to allow him to surrender before the learned court below demanding release on such plea as has been advanced at present for orders regard being had to the decision of the Apex Court in Tofan Singh Vrs. State of Tamil Nadu (2021) 4 SCC 1. 4. Accordingly, it is directed. 5. In the result, the ABLAPL is disposed of with the direction to the petitioner to surrender before the court of learned 1st Additional Sessions Judge-cum-Special Judge, Rourkela within a fortnight from today in connection with Special G.R. No.13 of 2025 and upon receiving an application for bail from him, it shall be disposed of on the very same day considering the plea based on the decision in Tofan Singh (supra). 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Balaram Designation: PERSONAL ASSISTANT