Chittaranjan Sahu Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2026)

Chittaranjan Sahu Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2026)

What the court decided

AI extract

Outcome

CRLMC disposed of as withdrawn with liberty to the Petitioner to raise all points at the appropriate stage; further direction that if the Petitioner surrenders within four weeks and files a bail application, the court in seisin shall consider and dispose of it the same day, taking into account that the Section 37 N.D.P.S. Act bar would not be attracted (nothing recovered from exclusive and conscious possession, seizure list Annexure-2), with the Case Diary to be made available; urgent certified copy to issue as per Rules.

Issue for consideration

Whether the entire criminal proceeding initiated against the Petitioner in connection with 2(a)CC Case No.17 of 2025(NDPS), arising out of P.R. Case No.140 of 2025-26, pending before the Sessions Judge-cum-Special Judge, Kantamal, should be quashed. +1 more

Court's answer

Since the Petitioner chose not to press the quashing application and sought permission to withdraw it with liberty to raise all points at the appropriate stage, the CRLMC stands disposed of as withdrawn with the liberty as sought for.

Ratio / Principle

It is directed that if the Petitioner surrenders before the court in seisin over the matter within four weeks and moves an application for bail, that court shall consider and dispose of the bail application in accordance with law on the same day; the Case Diary is to be made available to the concerned court to facilitate disposal of the bail application.

Key takeaways

Without expressing any opinion on the merits, while considering the Petitioner's bail application the court in seisin shall take into consideration that, since nothing has been recovered from the exclusive and conscious possession of the Petitioner (as evident from the seizure list under Annexure-2), 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.ratio¶23

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack, CRLMC No.72 of 2026 (Order dated 08.01.2026, Justice Aditya Kumar Mohapatra): Chittaranjan Sahu had filed this Criminal Miscellaneous Case seeking quashing of the entire criminal proceeding in connection with 2(a)CC Case No.17 of 2025(NDPS), arising out of P.R. Case No.140 of 2025-26, pending before the Sessions Judge-cum-Special Judge, Kantamal. At the outset, counsel for the Petitioner submitted that although the Petitioner had a good case for quashing, he did not wish to press the application and sought withdrawal with liberty to raise all points at the appropriate stage. The Court accordingly disposed of the CRLMC as withdrawn with that liberty. Further, without expressing any opinion on the merits, and taking into account counsel's submissions that nothing was recovered from the Petitioner's exclusive and conscious possession (seizure list, Annexure-2) and that the Petitioner was ready to cooperate with the trial, the Court directed that if the Petitioner surrendered before the court in seisin within four weeks and moved a bail application, that court shall consider and dispose of the bail application in accordance with law on the same day, taking into consideration that, since nothing was recovered from the Petitioner's exclusive and conscious possession, the bar under Section 37 of the N.D.P.S. Act would not be attracted to the facts of the case; the Case Diary was ordered to be made available to facilitate disposal of the bail application.