Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.4300 of 2024 Anil Pandi ..... Appellant
Represented By Adv. - Amit Biswal -versus- State Of Odisha ..... Respondent
Represented By Adv. – Mr.C.M.Singh, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 14.07.2025
Order No.
01.
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel for the parties and perused the records.
3. This application under Section 482 Cr.P.C. has been filed by the Petitioner with a prayer to set aside the order dated 24.09.2024 passed by the learned Sessions Judge- cum-Special Judge, Balasore in Spl.Case No.199 of 2021 arising out of Special Task Force (Crime Branch) No.29 of 2021 for alleged commission of offences under Sections 29 and 20(b)(ii)(c) of NDPS Act.
4.
Learned counsel for the Petitioner during course of argument submits that the Petitioner does not want to press this application with liberty to the Petitioner to surrender
Page 2 of 2. before the learned court below and move an application for his release on bail. It is also submitted by the learned counsel for the Petitioner that nothing has been recovered from conscious and exclusive possession of the Petitioner. Therefore, section 37 of the Act would not be attracted.
5. Considering the submission made, this CRLMC stands disposed of as not pressed with liberty as prayed for.
6. In such view of the matter, the Petitioner is directed to surrender before the learned Sessions Judge-cum-Special Judge, Balasore in the aforesaid case within two weeks from today. In the event the Petitioner surrenders and moves for bail within the aforesaid period, learned Sessions Judge-cum-Special Judge, Balasore in Spl.Case No.199 of 2021, shall do well to dispose of the bail application of the Petitioner on the same day on merit in accordance with law by applying 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 prior to the date of surrender.
7. The CRLMC is disposed of accordingly.
8. Urgent certified copy of this order be granted as per Rules.
( Aditya Kumar Mohapatra)
Judge RKS
Designation: AR-CUM-Senior Secretary