Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.4163 of 2025 1) Rakesh Kar@kara ..... Petitioners 2) Rikesh Kar@kara Represented By Adv. - Jugala Kishore Panda -versus- State Of Odisha ..... Opp. Party Represented By Adv. – U.C. Jena, A.S.C. CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 14.10.2025 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioners as well as learned counsel for the State. Perused the application as well as the prayer made therein. 3. By filing the present application under Section 482 Cr.P.C. the Petitioners seek for quashing of the entire criminal case in Special Case No.65 of 2025 (NDPS) arising out of Baunsuni P.S. Case No.31 of 2025 pending in the court of learned Sessions Judge-cum-Special Judge, Boudh. 4. Learned counsel for the Petitioners at the outset contended that the Petitioners do not want to press this application with liberty to raise the ground at a later stage by filing an appropriate application. He further contended that Petitioners have been Page 2 of 3. implicated in the present case which was registered for commission of a crime punishable under Section 20(b)(ii)(C)/29 of the N.D.P.S. Act on the basis of a co-accused statement. He further submitted that nothing was recovered from the exclusive and conscious possession of the present Petitioners. Therefore, the bar under Section 37 of the N.D.P.S. Act would not be attracted to the facts of the present case. Learned counsel for the Petitioners further referring to the judgment of the Hon’ble Supreme Court in Tofan Singh v. The State of Tamil Nadu, reported in (2013) 16 SCC 31, submitted that such confessional statement of the co- accused cannot be used as evidence against the present Petitioners. On such ground learned counsel for the Petitioners sought for liberty to surrender before this Court below and move an application for bail. 5. Learned counsel for the State on the other hand objected to the application filed by the Petitioners. He further contended that in the event the Petitioners want to surrender, then it is open to him to surrender before the court below and move an application for bail which shall be considered in accordance with law. 6. Having heard the learned counsels for the respective parties, on a careful examination of the background facts, this Court deems it proper to dispose of the present application with the liberty as prayed for by the Petitioners. Further, taking into consideration the submission made by the learned counsel for the Petitioners, they are permitted to surrender before the Court below and move an application within three weeks from today. In such eventuality, the learned trial court shall consider such application and make every endeavour to dispose of the application on the Page 3 of 3. same day, strictly on the basis of the materials on record and by maintaining the principles of parity, if applicable. Case diary be made available on the date of surrender. 7. With the aforesaid observations and directions, the CRLMC stands disposed of. ( A.K. Mohapatra ) Judge Anil Designation: Junior Stenographer