IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2028 of 2026 Deba Golari@ Deva Golari …. Petitioner Mr. A.R.Panda, Advocate -Versus- State of Odisha …. Opposite Party Ms. B.Sahu, AGA CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 16.04.2026 01. 1. Heard learned counsel for the petitioner and State. 2. Instant petition has been filed under Section 482 BNSS by the petitioner seeking pre-arrest bail in connection with Machhkund P.S. Case No.8 of 2022 corresponding to T.R. Case No.17 of 2022 pending in the court of learned Additional Sessions Judge-cum- Special Judge, Koraput on the grounds stated. 3. Recorded the submissions of learned counsel for the respective parties. Perused the FIR as at Annexure-1 and it reveals the recovery of commercial quantity of contraband Ganja. It is submitted that the petitioner is involved on the strength of the confessional statement of the co-accused, who is on bail. Mr. Panda, learned counsel for the petitioner refers to Annexure-2 series claiming that the co-accused namely, Daitari Lakei is on bail in pursuant to the Court’s order in ABLAPL No. 8811 of 2024 dated 29th October, 2025. It is submitted that the petitioner is entitled to go on bail in view the decision of the Apex Court in Tofan Singh Vrs. State of Tamil Nadu (2021) 4 SCC 1. 4. Recorded the objection of the State with the submission that the petitioner is involved in transportation of the contraband Ganja. Of commercial quantity. 5. Considering the submissions as above, the Court is not inclined to consider any such plea for pre-arrest bail, however, allows the liberty for the petitioner to surrender before the learned court below seeking regular bail with a plea based on the decision in Tofan Singh (supra) for its consideration and orders. 6. Accordingly, it is ordered. 7. In the result, the ABLAPL is disposed of with the direction as aforesaid. It is further directed that in the event, the petitioner surrenders before the learned Additional Sessions Judge-cum- Special Judge, Koraput in connection with Machhkund P.S. Case No.8 of 2022 corresponding to T.R. Case No.17 of 2022 within a fortnight from today and moves application for bail, it shall be entertained and disposed of on the same day considering the plea as above and alleged involvement on the basis of the confessional statement made by the co-accused keeping in view the decision of the Apex Court in Tofan Singh case. The petitioner is granted a liberty to raise all such plea including parity and non-application of Section 37 of the NDPS Act while demanding release before the learned court below for a decision thereon on merit. 8. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Kabita