Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3816 of 2025 Tuna Barik ..... Appellant Represented By Adv. - Amitav Tripathy -versus- State Of Odisha ..... Respondent Represented By Adv. - CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 20.09.2025 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as the learned Additional Standing Counsel for the State. Perused the CRLMC application as well as the prayer made therein. 3. By filing the present CRLMC application under section 528 of BNSS, 2023, the Petitioner seeks to invoke the inherent jurisdiction of tis Court for quashing the entire criminal proceeding in Kantamal P.S.Case No.237 of 2024 corresponding to Special Case (NDPS) no.153 of 2024 pending in the file of the learned Additional District & Sessions Judge-cum-Special Judge, Kantamal. 4. Learned counsel for the Petitioner at the outset contended that the Petitioner has been implicated in the present case on the basis of co-accused statement. He further submitted that no contraband article has been recovered from the conscious and exclusive possession of the Petitioner. In such view of the matter Page 2 of 2. learned counsel for the Petitioner submitted that the Petitioner does not want to press this application with liberty to raise all the grounds raised herein at the later stage by filing an appropriate application. 5. Further taking into consideration the submissions made by the learned counsel for the Petitioner that the Petitioner has not been arrested as of now and he is ready and willing to surrender before the learned court below and cooperate with the trial court, the Petitioner is granted liberty to surrender before the learned court in seiin 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 consider and dispose of the application of the Petitioner in accordance with law on the same day. While considering the application of the Petitioner, learned court in seisin over the matter shall apply the principle of parity and shall take into consideration the fact that the Petitioner has been implicated on the basis of co-accused statement and the law laid down by the Hon’ble Supreme Court in Toofan Singh v. State of Tamil Nadu reported in (2021) 4 SCC 1. Learned court in seisin over the matter shall also consider the fact that the bar under section 37 of the NDPS Act is not applicable to the fact of the present case as stated by the learned counsel for the Petitioner. 6. The CRLMC application stands disposed of. ( A.K. Mohapatra ) Judge RKS