Orissa High Court
CRLMC/3200/2026 of BABLU NAYAK@AJMIR NAYAK Vs STATE OF ODISHA on 8 September 2026
of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3200 of 2026 CNR No. ODHC010694832026 Bablu Nayak @ Ajmir Nayak ..... Petitioner Represented by Adv. – Mr. Manoranjan Padhy -versus- State of Odisha ..... Opposite Party Represented by Adv. – Mr. U.R. Jena, AGA CORAM: MR. JUSTICE
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.3200 of 2026
CNR No. ODHC010694832026
Bablu Nayak @ Ajmir Nayak
.....
Petitioner
Represented by Adv. –
Mr. Manoranjan Padhy
-versus-
State of Odisha
.....
Opposite Party
Represented by Adv. –
Mr. U.R. Jena, AGA
CORAM:
MR. JUSTICE ADITYA KUMAR MOHAPATRA
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ORDER
08.09.2026 Order No.
01.
1. This matter is taken up through Hybrid mode.
2. Heard learned counsel for the Petitioner and learned counsel for the State. Perused the records.
3. The present application has been filed by the Petitioner with a prayer to quash the entire criminal proceeding arising out of Jeypore Town P.S. Case No.206 of 2025, corresponding to T.R. Case No.32 of 2025, pending before the court of learned Sessions Judge-cum- Special Judge, Koraput at Jeypore.
4. Learned counsel for the Petitioner, at this juncture, contended that he does not want to press this application with liberty to raise all the points at a later stage of proceeding. He further submitted that the Petitioner be permitted to surrender before the Court below and move an application for bail.
5. Learned counsel for the State submitted that in the event this Court directs the trial court to consider the bail application of the Petitioner, a further direction may be given to the trial court to consider the judgment of the Hon’ble Supreme Court in Narcotics Control Bureau v. Mohit Aggarwal (Criminal Appeal Nos.1001- 1002 of 2022, decided vide judgment dated 19.07.2022).
6. Considering such submissions, the CRLMC application is disposed of as not pressed with liberty as prayed for.
7. Taking into consideration the submissions made by the parties, it is observed that the Petitioner, if so advised, may surrender before the learned Sessions Judge-cum-Special Judge, Koraput, at Jeypore, in the aforesaid case within four weeks from today. In the event the Petitioner surrenders and moves for bail within the aforesaid period, learned Sessions Judge-cum-Special Judge,Koraput at Jeypore, shall do well to dispose of the bail application of the Petitioner on the same day on merit in accordance with law. Further, while considering the bail application of the Petitioner, learned court in seisin over the matter shall apply the principles of parity and the law laid down by the Hon’ble Supreme Court of India in Tofan Singh vs. State of Tamil Nadu reported in (2021) 4 SCC 1 as well as in Narcotics Control Bureau’ case (supra) and take into consideration the fact that the Petitioner has been implicated in the present case on the basis of the co-accused statement and no contraband article was recovered from the exclusive and conscious possession of the present Petitioner, therefore, the bar under Section 37 of NDPS Act would not be attracted to the case of the Petitioner. The case diary be made available to the concerned court to facilitate disposal of the bail
application of the Petitioner.
Urgent certified copy of this order be granted as per rules.
( Aditya Kumar Mohapatra )
Judge
S.K. Rout
Digitally Signed Signed by: DEBASIS AECH Designation: SECRETARY Reason: Authentication Location: ORISSA HIGH COURT Date: 09-Sep-2026 15:33:01 Signature Not Verified