Gopabandhu @ Gapabandhu Karmi Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2025)

Gopabandhu @ Gapabandhu Karmi Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2025)

What the court decided

AI extract

Outcome

Conditional pre-arrest bail direction for Petitioner No.2 (Sarjan Karmi): on surrender within three weeks and moving for bail, to be released on bail by the Court in seisin on terms deemed just and proper, subject to verification of absence of criminal antecedents and confirmation that the order was not assailed before the Apex Court; prayer of Petitioner No.1 rejected as not pressed.

Issue for consideration

Whether Petitioner No.2 (Sarjan Karmi) is entitled to pre-arrest bail in Special Case No.114 of 2024 (NDPS Act) despite the statutory bar under Section 37(1)(b)(ii) of the N.D.P.S Act, urged on the ground of parity with the co-accused already released on bail.

Court's answer

Notwithstanding the Section 37(1)(b)(ii) N.D.P.S Act bar urged by the State, taking into account the nature of allegation and the release of the co-accused, the Court directed that on surrender within three weeks and moving for bail, Petitioner No.2 shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.

Ratio / Principle

The prayer for pre-arrest bail of Petitioner No.1 (Gopabandhu @ Gapabandhu Karmi) stands rejected as not pressed, and the memo filed to that effect is taken on record.

Key takeaways

The release direction is conditional: if it comes to fore that Petitioner No.2 has any criminal antecedent of any nature, the order shall not be given effect to.ratio¶23
Before releasing, the learned Court shall verify whether this order has been assailed before the Apex Court and, if so, the result thereof.ratio¶25
Petitioner No.2 shall cooperate with the ongoing investigation (stated by the Court as needless to state, i.e., a reminder rather than a contested point).

Detailed headnote1 paragraphs

Pre-arrest bail (ABLAPL No.1850 of 2025) before the High Court of Orissa at Cuttack (Justice V. Narasingh, order dated 09.07.2025) arising out of Manamunda P.S. Case No.342 of 2024, in Special Case No.114 of 2024 (NDPS Act) pending before the learned Addl. Sessions Judge-cum-Special Judge, Kantamal, Boudh, for offence under Section 20(a)(i) of the NDPS Act read with Section 27(1) of the Orissa Forest Act. The prayer of Petitioner No.1 (Gopabandhu @ Gapabandhu Karmi) was rejected as not pressed. Although the State opposed relief invoking the bar in Section 37(1)(b)(ii) of the N.D.P.S Act, the Court, taking into account the nature of the allegation and the release of the co-accused on bail on 24.12.2024 in ABLAPL No.14871 of 2024 (parity), directed that Petitioner No.2 (Sarjan Karmi), on surrendering within three weeks and moving for bail, be released on bail by the learned Court in seisin on such terms as deemed just and proper, subject to verification of criminal antecedent of any nature (if found, the order shall not be given effect to) and subject to the releasing Court verifying whether the order has been assailed before the Apex Court; Petitioner No.2 was to cooperate with the ongoing investigation. Application disposed of accordingly.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1850 of 2025

1. Gopabandhu @ Gapabandhu Karmi

2. Sarjan Karmi

Petitioners

Mr. J.K. Panda, Advocate

-versus-

State of Odisha

Opposite Party

Mr. S.Panigrai, ASC

CORAM: JUSTICE V. NARASINGH ORDER

09.07.2025

Order No.

01. 1. Heard learned counsel for the Petitioners and learned counsel for the State.

The Petitioners are seeking pre-arrest bail in connection with Special Case No.114 of 2024 (NDPS Act) pending in the Court of learned Addl. Sessions Judge-cum-Special Judge, Kantamal, Boudh, arising out of Manamunda P.S. Case No.342 of 2024 for commission of offence punishable under Section 20(a)(i) of the NDPS Act read with Section 27(1) of the Orissa Forest Act.

Learned counsel for the Petitioners submits

that he does not want to press the prayer for pre-

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arrest bail of Petitioner No.1-Gopabandhu @ Gapabandhu Karmi.

Accordingly, the prayer for pre-arrest bail of Petitioner No.1-Gopabandhu @ Gapabandhu Karmi stands rejected as not pressed. The memo filed to that effect is taken on record.

Hence, the prayer for pre-arrest bail is confined to Petitioner No.2 only.

Learned counsel for the Petitioners submits that the co-accused have been released on bail vide order dated 24.12.2024 in ABLAPL No.14871 of 2024. Hence, inter alia, on the ground of parity, the Petitioner No.2 seeks release. 6. Learned counsel for the State opposes the prayer for pre-arrest bail in view of the bar contained in Section 37(1)(b)(ii) of the N.D.P.S Act. 7. Taking into account the nature of allegation and release of the co-accused, this Court directs that on surrendering within three weeks hence and moving for bail, Petitioner No.2 shall be released on bail by the learned Court in seisin on such terms as deemed just and proper subject to verification of criminal antecedent of any nature.

If it comes to fore that the Petitioner No.2 has any criminal antecedent of any nature, this order shall not be given effect to.

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Before releasing the learned Court shall verify as to whether this order has been assailed before the Apex Court and if so, the result thereof.

It is needless to state that the Petitioner No.2 shall cooperate with the ongoing investigation.

Accordingly, the ABLAPL stands disposed of.

(V. NARASINGH)

Judge

PKS

Signature Not Verified

Digitally Signed Signed by: PRADEEP KUMAR SWAIN Reason: Authentication Location: Orissa High Court, Cutt ack Date: 09-Jul-2025 19:22:07

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