Orissa High Court
ABLAPL/5850/2026 of DILLIPA KUMAR PRADHAN @ DILLIP PRADHAN Vs STATE OF ODISHA on 1 September 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 5850 of 2026 CNR No. ODHC010382172026 Dillipa Kumar Pradhan @ Dillip Pradhan …. Petitioner Mr. J. Sahoo, Advocate -versus- State of Orissa …. Opposite Party Mr. S. Panigrahi, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 5850 of 2026
CNR No. ODHC010382172026
Dillipa Kumar Pradhan
@ Dillip Pradhan
….
Petitioner
Mr. J. Sahoo, Advocate
-versus-
State of Orissa
….
Opposite Party
Mr. S. Panigrahi, ASC
CORAM: JUSTICE V. NARASINGH
Order No.
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
2
Decisions referred to
In this index
1
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
01.09.2026
02. 1. Heard learned counsel for the Petitioner and learned counsel for the State.
2. The Petitioner is seeking pre-arrest bail in connection with C.T. Case No.89 of 2026 pending on the file of learned District Judge-Cum-Special Judge, Phulbani, Kandhamal arising out of Phiringia P.S. Case No.72 of 2026 for commission of offences punishable under Section 20(b)(ii)(C)/25/29 of NDPS Act.
3. The allegation against the Petitioner is that he along with the co-accused are involved in the transportation of contraband (Ganja) to the tune of 100Kgs.
4. Learned counsel for the Petitioner submits that the essence of the allegations is based on co- accused statement and referring to the Judgments of the Apex Court in the case of Tofan Singh Vs. State of Tamil Nadu, reported in (2021) 4 SCC 1 and the State of Haryana Vrs. Samarth Kumar, reported in 2022 SCC Online SC 2087, it is submitted that since admittedly conscious possession cannot be attributed to the Petitioner, the bar under Section 37(1)(b)(ii) of NDPS Act does not come into play and in view of the same, this Court should consider the prayer for pre-arrest bail.
5. Learned counsel for the State opposes the prayer for pre-arrest bail and submits that the investigation being at a nascent stage, the submission of implication only on account of the co- accused statement cannot be taken at this stage and with vehemence, it is submitted that the bar under Section 37(1)(b)(ii) of NDPS Act shall apply in the case at hand.
6. Considering the rival submission, this Court is not inclined to entertain the ABLAPL. However, in the event the Petitioner surrenders before the learned Court in seisin in the aforesaid case and moves an application for his release on bail, the same shall be considered on its own merit, taking into account the law laid down in the Apex Court in
the case of Tofan Singh (Supra), if pressed into service.
7. Accordingly, the ABLAPL stands disposed of.
(V. NARASINGH)
Judge
Ayesha Digitally Signed Signed by: AYESHA ROUT Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 02-Sep-2026 19:15:08 Signature Not Verified