IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 1466 of 2025

Wasim Akhtar Khan …. Petitioner

Mr. G. Rout, Advocate

-versus-

State of Odisha …. Opposite Party

Mr. C. Mohanty, ASC

CORAM: JUSTICE V. NARASINGH

ORDER

07.01.2026

Order No.

03. 1. Heard learned counsel for the Petitioner and

learned counsel for the State.

2. The Petitioner is seeking pre-arrest bail in connection with Special (NDPS) Case No.15(B) of 2021 pending on the file of learned District and Sessions Judge-cum-Special Judge (NDPS), Bhadrak, arising out of Special Task Force (Crime Branch) P.S. Case No.05 of 2021 for commission of offences punishable under

Sections 21(c)¹ and 29² of NDPS Act.

1 21. Punishment for contravention in relation to manufactured drugs and preparations.— Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses any manufactured drug or any

preparation containing any manufactured drug shall be punishable,— (a) xxx xxx

(b) xxx xxx

(c) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years, and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to

two lakh rupees:

Provided that the court may, for reasons to be recorded in the judgment, impose a

fine exceeding two lakh rupees.

2 29. Punishment for abetment and criminal conspiracy.—(1) Whoever abets, or is a party to a criminal conspiracy to commit, an offence punishable under this Chapter, shall, whether such offence be or be not committed in consequence of such abetment or in pursuance of such criminal conspiracy, and notwithstanding anything contained in Section 116 of the Indian Penal Code (45 of 1860)1, be punishable with the punishment provided for the

offence.

(2) A person abets, or is a party to a criminal conspiracy to commit, an offence, within the meaning of this section, who, in India, abets or is a party to the criminal conspiracy to the

commission of any act in a place without and beyond India which—

(a) would constitute an offence if committed within India; or

(b) under the laws of such place, is an offence relating to narcotic drugs or psychotropic substances having all the legal conditions required to constitute it such an offence the same

3. The allegation against the present Petitioner is that he along with one of the co-accused, namely, Mir Minhaj Quadri, were involved in the trade and transportation of the contraband (Brown Sugar) to the tune of 1kg 140grms.

4. It is apt to note that it is the case of the prosecution that the co-accused, namely, Mir Minhaj Quadri, was nabbed along with the contraband and charge sheet is filed against him and the basis of the implication of the Petitioner is on account of the statement of the said co-accused and as such the Petitioner was cited as an absconder in the charge sheet.

5. It is submitted by the learned counsel for the Petitioner that the co-accused, namely, Mir Minhaj Quadri, who faced trial was acquitted by judgment dated 26.06.2024 by the learned Special Judge, Bhadrak in Special Case No.15 of 2021 and the attention of this Court is drawn to the grounds of acquittal, which for convenience of reference is culled out hereunder:-

“(i) non-compliance of mandatory provisions of Sec.42(2)³, 50(6)⁴ of the NDPS Act, 1985.

(ii) non-compliance of directory provisions of Sec. 52A⁵, 55⁶, 57⁷ & 67⁸ of the NDPS Act.

as or analogous to the legal conditions required to constitute it an offence punishable under this Chapter, if committed within India.

3 42. Power of entry, search, seizure and arrest without warrant or authorisation.

xxx xxx xxx (2) Where an officer takes down any information in writing under sub-section (1) or records grounds for his belief under the proviso thereto, he shall within seventy-two hours send a copy thereof to his immediat