Tari Golari Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2026)

Tari Golari Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2026)

What the court decided

AI extract

Outcome

Bail granted to each petitioner on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) each with two solvent sureties each for the like amount, subject to verification of criminal antecedents of similar nature under the NDPS Act; benefit of the order to be withheld if any petitioner is found to have such antecedents.

Issue for consideration

Whether the petitioners, accused of jointly transporting 60 kgs of contraband ganja and facing charges under Ss.20(b)(ii)(C)/25/29 of the NDPS Act in Spl. GR Case No.86 of 2025 (arising from Orkel PS Case No.179 of 2025), are entitled to bail under S.483 of the BNSS. +1 more

Court's answer

Without expressing any view on merit, the Court admits each of the petitioners to bail, subject to verification of their criminal antecedents of similar nature under the NDPS Act.

Ratio / Principle

Taking into account the materials on record and the non-progress of trial even after one year of custody, the Court considers the petitioners to have satisfied the conditions of Section 37 of the NDPS Act, provided they are not having any criminal antecedent of similar nature for commission of offences under the NDPS Act.

Key takeaways

Per the specific submission advanced for the petitioners, the benefit of the bail order shall be withheld from any petitioner found to have a criminal antecedent of similar nature for commission of offences under the NDPS Act.ratio¶21
Each petitioner is to be released on furnishing a bail bond of Rs.1,00,000/- (Rupees One Lakh) each with two solvent sureties each for the like amount, to the satisfaction of the learned Court in seisin of the case, on terms and conditions as deemed fit and proper by it.ratio¶18

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (Justice G. Satapathy), Order dated 07.07.2026 in BLAPL No.1572 of 2026 - Tari Golari and another v. State of Odisha: Bail application under S.483 of the BNSS seeking bail for offences punishable under Ss.20(b)(ii)(C)/25/29 of the NDPS Act arising out of Orkel PS Case No.179 of 2025, registered as Spl. GR Case No.86 of 2025 pending before the learned Sessions Judge-Cum-Special Judge, Malkangiri, on the allegation of jointly transporting 60 kgs of contraband ganja in two Motorcycles (Regd. Nos. OD-30-D-4541 and OD-10-K-4185). Petitioners in custody since 28.06.2025; charge-sheet submitted 24.12.2025 with 20 charge-sheeted witnesses; trial yet to commence. Held: considering the non-progress of trial after one year of custody, the petitioners are deemed to have satisfied the conditions of Section 37 of the NDPS Act if free of criminal antecedents of a similar nature under the NDPS Act; bail admitted without expression of any view on merit, subject to verification of antecedents; counsel volunteered that bail benefit be withheld if such antecedents are found; each petitioner to furnish bail bonds of Rs.1,00,000/- (Rupees One Lakh) each with two solvent sureties each for the like amount; BLAPL disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1572 of 2026

Tari Golari and another

… Petitioners

Mr. S.K. Tripathy, Advocate

-versus-

State of Odisha

… Opposite Party Mr. S.C. Pradhan, Addl. PP

CORAM: JUSTICE G. SATAPATHY

Order No.

02.

ORDER(ORAL):07.07.2026

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

This is a bail application U/S.483 of the BNSS by the petitioners for grant of bail in connection with Orkel PS Case No.179 of 2025 corresponding to Spl. GR Case No.86 of 2025 pending in the Court of learned Sessions Judge-Cum-Special Judge, Malkangiri, for commission of offence punishable U/Ss.20(b)(ii)(C)/25/29 of the NDPS Act, on the main allegation of jointly transporting 60Kgs of Contraband Ganja in two Motorcycles bearing Regd. Nos.OD-30-D-4541 and OD-10-K-4185.

Heard, Mr. Soumya Kanta Tripathy, learned counsel for the petitioners and Mr. S.C. Pradhan, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioners, Mr. Tripathy volunteers to withhold bail to the petitioners, if he/they is/are found to have any criminal antecedents of similar nature for commission of offence under NDPS Act.

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Admittedly, the petitioners are in custody since 28.06.2025, but the trial is yet to commence, even though charge-sheet has already been submitted on 24.12.2025, however, there are 20 charge-sheeted witnesses and, therefore, the trial would take some time. It is, however, claimed that the petitioners are not having any criminal antecedent of similar nature and both the petitioners alleged to have been transporting 30Kgs of Contraband Ganja each separately in two Motorcycles, but that is an accusation only. In the aforesaid facts and circumstances of the case and taking into account the materials so placed on record and regard being had to the non-progress of trial even after one year of custody of the petitioners, the petitioners would be considered to have satisfied the conditions of Section 37 of NDPS Act, if he/they is/are not having any criminal antecedent of similar nature for commission of offences under NDPS Act.

For the reasons stated hereinabove and regard being had to the pre-trial detention of the petitioners in custody, this Court without expressing any view on merit admits each of the petitioners to bail, but subject to verification of their criminal antecedent for similar nature under the NDPS Act.

Hence, the bail application of the petitioners stands allowed and the petitioners are allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) each with two solvent sureties each for the

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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.

In view of the specific submission as advanced for the petitioners, the benefit of this order shall not be extended to the concerned petitioner(s), if he/they is/are found to have any criminal antecedent of similar nature for commission of offences under NDPS Act.

Accordingly, the BLAPL stands disposed of. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference.

(G. Satapathy) Judge

Subhasmita

Signature Not Verified

Digitally Signed Signed by: SUBHASMITA DAS Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 07-Jul-2026 20:32:54

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