Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 7985 of 2025
Sabhalam Arkatia @ Mati …. Petitioner
Mr. S. Sahoo, Advocate
-versus-
State of Odisha
…. Opposite Party Mr. C.R. Swain, AGA
CORAM: JUSTICE V. NARASINGH
Order No.
ORDER 17.07.2025
01.
1. Heard learned counsel for the Petitioner and
learned counsel for the State.
2. The Petitioner is seeking pre-arrest bail in connection with T.R. Case No.130 of 2023 pending on the file of learned Addl. Sessions Judge-cum-Special Judge, Koraput arising out of Sunabdea P.S. Case No.207 of 2023 for commission of offences punishable under Sections 20(b)(ii)(C) of the NDPS Act.
3. It is submitted by the learned counsel for the Petitioner that the basis of accusation is on account of the co-accused statement and the accused, who have been nabbed at the spot, have since been released on bail. Hence, the Petitioner may be protected by pre- arrest bail.
4. The allegation against the present Petitioner is that a part of the total quantity of contraband ganja (392 kg 580 grams) was procured from the present Petitioner.
5.
Learned counsel for the State opposes such prayer.
6. Taking note of such allegations and keeping in view the bar contained in Section 37(1)(b(ii) of the NDPS Act, this Court is not inclined to entertain the application for pre-arrest bail. However, in the event the Petitioner surrenders before the learned Court in seisin in the aforesaid case and moves an application for his release on bail, the same shall be considered on its own merit.
Ground of parity, if any, may be considered by the learned court(s) below.
7. Accordingly, the ABLAPL stands disposed of.
(V. NARASINGH)
Judge Santoshi