Tatarao Palasi Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2025)

Tatarao Palasi Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2025)

What the court decided

AI extract

Outcome

Petitioner admitted to bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) with two solvent sureties of the like amount, subject to conditions: no fresh offence while on bail; attendance on every trial date (failure inviting proceedings under S.269 BNS, 2023); no departure from the trial Court's territorial jurisdiction without prior permission; fortnightly attendance reporting at the jurisdictional police station (preferably Sundays, 10 A.M.-12 Noon) for six months from release; IIC not to detain unnecessarily beyond stipulated time; liberty reserved to the trial Court to cancel bail on violation, with future NDPS involvement treatable as a cancellation ground.

Issue for consideration

Whether the petitioner, who was apprehended after the occurrence without any contraband, has no reported criminal antecedents, and has been in custody since 13.01.2025 in an NDPS case involving transport of 270 kg of ganja, satisfies the conditions of Section 37 of the NDPS Act so as to be admitted to bail under Section 483 of the BNSS.

Court's answer

The petitioner was apprehended some days after the occurrence and was not apprehended with any contraband article.

Ratio / Principle

After due investigation the charge-sheet has been submitted, and the State has not reported any criminal antecedent against the petitioner.

Key takeaways

Taking into account the law laid down in Tofan Singh, the pre-trial detention of the petitioner in custody since 13.01.2025, and the mode and manner of implication of the petitioner, the Court held that the petitioner has satisfied the conditions of Section 37 of the NDPS Act.ratio¶¶15
Without expressing any view on merits, and taking into account the custody period of the petitioner, the Court admitted the petitioner to bail.ratio¶¶16
The petitioner is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) with two solvent sureties each for the like amount, to the satisfaction of the learned Court in seisin of the case.

Detailed headnote1 paragraphs

Bail application under S.483 BNSS allowed in Special GR Case No.141 of 2024 (arising out of Chitrakonda PS Case No.182 of 2024) before the Sessions Judge-Cum-Special Judge, Malkanagiri, for offence under S.20(b)(ii)(C) NDPS Act on the allegation of transporting 270 kg of contraband ganja in a Mahindra Xylo car. The petitioner was apprehended days after the occurrence without any contraband; charge-sheet stood submitted and the State reported no criminal antecedents; he was in custody since 13.01.2025. Relying on Tofan Singh Vrs. State of Tamil Nadu, the Court held that the petitioner satisfied the conditions of Section 37 NDPS Act and, without expressing any view on merits, admitted him to bail on a bond of Rs.1,00,000/- with two solvent sureties, imposing conditions including fortnightly police-station attendance for six months, a warning of prosecution under S.269 BNS, 2023 for non-appearance, and reservation of liberty to cancel bail, with future NDPS involvement treatable as a cancellation ground.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2286 of 2025

Tatarao Palasi

Petitioner

Mr. A.K. Jena, Advocate

-versus-

State of Odisha

… Opposite Party Mr. M.K. Mohanty, Addl. PP

CORAM: JUSTICE G. SATAPATHY

Order No.

03.

ORDER(ORAL) 09.07.2025

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Chitrakonda PS Case No.182 of 2024 arising out of Special GR Case No.141 of 2024 pending in the Court of learned Sessions Judge-Cum-Special Judge, Malkanagiri, for commission of offence punishable U/S.20(b)(ii)(C) of the NDPS Act, on the allegation of transporting 270Kgs of Contraband Ganja in a Mahindra Xylo Car bearing Regd. No.AP-16BX-4005. 3. Heard, Mr. Asit Kumar Jena, learned counsel for the petitioner and Mr. M.K. Mohanty, learned Additional Public Prosecutor in the matter and perused the record. 4. Admittedly, the petitioner was apprehended some days after the occurrence, but he was not apprehended with any Contraband article. Further, after due investigation, charge-sheet has already been

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submitted, but the State has not reported any criminal antecedent against the petitioner. In view of the above facts and after having considered the rival submissions and taking into account the law laid down by the Apex Court Tofan Singh Vrs. State of Tamil Nadu; (2020) 80 OCR (SC) 641 and regard being had to the pre trial detention of the petitioner in custody since 13.01.2025 and keeping in view the mode and manner of implication of the petitioner in this case, this Court considers that the petitioner has satisfied the conditions of Section 37 of NDPS Act.

For the reasons stated hereinabove and taking into account the custody period of the petitioner, this Court without expressing any view on merits admits the petitioner to bail.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) only with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

(i) the petitioner shall not commit any offence while on bail,

(ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with . In case the Petitioner fails without sufficient cause to appear in the Court in accordance

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with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.269 of BNS, 2023 in accordance with law,

(iii) the petitioner shall not leave the territorial jurisdiction of the trial Court without prior permission till disposal of the case by intimating his present address of stay to the concerned Court and

(iv) the petitioner shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on a Sunday in each month in between 10 A.M. to 12 Noon for six(06) months from the actual date of release from the custody.

The IIC of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated.

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future any offence under NDPS Act on prima facie accusations may be treated as a ground for cancellation of bail in this case. 7. Accordingly, the BLAPL stands disposed of. 8. Issue urgent certified copy of the order as per

Rules.

Signature Not Verified

(G. Satapathy) Judge

Digitally Signed Subhasmita Signed by: SUBHASMITA DAS Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 10-Jul-2025 13:50:39

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