Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.5314 of 2025 Mahendra Naik ..... Petitioner Represented by Adv. - Jugala Kishore Panda -versus- State Of Odisha ..... Opposite Party Represented by Adv. – Ms.B.K.Sahu, A.G.A. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 17.12.2025 Order No. 01. 1. This matter is taken up through Hybrid mode. 2. Heard learned counsel for the parties and perused the records. 3. The present Criminal Miscellaneous Case has been filed by the Petitioner with a prayer to quash the charge-sheet No.0174 dated 18.09.2025 and all consequential proceeding arising out of Baunsuni P.S. Case No.59 of 2025, corresponding to Special Case No.78 of 2025 (NDPS), pending in the court of learned Sessions Judge-cum-Special Judge, Boudh. 4. Learned counsel for the Petitioner, at this juncture, submitted that the Petitioner does not want to press this application and seeks permission to withdraw the same with liberty to raise all the points at the appropriate stage by filing an Page 2 of 3. appropriate application. 5. Considering such submission, this CRLMC stands disposed of as withdrawn with the liberty as sought for. 6. Further, taking into consideration the submission made by the learned counsel for the Petitioner that the Petitioner has been implicated in the present case on the basis of the statement of the co-accused; and that in view of the law laid down by the Hon’ble Supreme Court in Tofan Singh v. The State of Tamil Nadu, reported in (2013) 16 SCC 31, the statement of the co- accused cannot be accepted as evidence, so far the present Petitioner is concerned; and that nothing has been recovered from the exclusive and conscious possession of the present Petitioner, therefore, the bar under Section 37 of the N.D.P.S. Act would not be attracted to the fact of the present case, without expressing any opinion on the merits of the matter, it is directed that if the Petitioner surrenders before the court in seisin over the matter within four weeks from today and moves an application for bail, the court in seisin over the matter shall consider and dispose of the bail application of the Petitioner in accordance with law on the same day. While considering the bail application of the Petitioner, the court in seisin over the matter shall also keep in view the law laid down by the Hon’ble Supreme Court in Tofan Singh’s case (supra) and shall also take into consideration the fact that the bar under Section 37 of the N.D.P.S. Act would not be attracted to the facts of the present case and pass necessary order. The Case Diary be made Page 3 of 3. available to the concerned court to facilitate disposal of the bail application of the Petitioner. Issue urgent certified copy of this order as per Rules. ( Aditya Kumar Mohapatra ) Judge Rubi