Orissa High Court
Tari Golari v. State of Odisha
BLAPL/1572/2026
- Decision date
- 2026-07-07
- Text availability
- Full text
- Judges
- Gourishankar Satapathy
Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗
Connected provisions and cases
No further provision or case links are recorded.
Judgment text
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(ORAL):07.07.2026Order No. 1 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. 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. 3. 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. Page 1 of 3
4. 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. 5. 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. 6. 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 Page 2 of 3
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. 7. 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 Page 3 of 3 Date: 07-Jul-2026 20:32:54