IN THE HIGH BLAPL Nos (In the matter BNSS, 2023). M. Mohan Rao (In BLAPL No.1 Ganesh Rengali (In BLAPL No.1 Padman Muduli (In BLAPL No.13 State of Odisha CORAM: F DATE OF HEAR G. Satapathy, J. 1. of one and heard toge with the co 2. by the pe IGH COURT OF ORISSA AT CUTT Nos.11614, 11787&13211 of 202 tter of applications under Section o.11614 of 2025) gali 11787 of 2025) duli o.13211 of 2025) … Petit Mr.P.K. Nanda, Adv (in BLAPL No.11614 o Mr. M. Nandy, Advocate (in BLAPL No.11787 Mr. A. Mohanty, Adv (in BLAPL No.13211 of 2 -versus- isha … Opposite Mr. P. Satpathy, A JUSTICE G. SATAPATHY EARING &JUDGMENT:23.02.2026 Since these three bail applica and same case record, the same a together and disposed of by this c e consent of the learned counsel for These three applications U/S petitioners for grant of bail in co UTTACK 2025 tion 483 of etitioners Advocate of 2025) of 2025) Advocate of 2025) site Party y, Addl. PP 026 plications arise out e are taken up & is common order l for the parties. U/S.483 of BNSS n connection with Malkangiri Special GR learned Malkangiri U/Ss.20(b 3. Th on 30.09 patrolling vehicles co Bolero be stopped in sitting. Th 02-AL-981 three pers 600Kgs o aforesaid allegedly d accused M During int ganja had giri PS Case No.529 of 2023 cor l GR Case No.204 of 2023 pending d Addl. Sessions Judge-cum-Sp giri for commission of offence 0(b)(ii)(C)/25/29 of NDPS Act. The gist of facts as found from the .09.2023 at about 4.45a.m whi ing duty, the police staff stoppe s coming from Malkangiri on suspi bearing the Registration No.OD d in which one M. Mohan Rao a . The second Bolero bearing Regist 9817 was also stopped at some persons sitting therein escaped, but s of contraband Ganja were sei aid two vehicles. The second Bole ly driven by Mr. Arjun Rao @ Chi d M. Mohan Rao) with co-passe interrogation, M. Mohan Rao st had been supplied by Padman Mu corresponding to ing in the Court of Special Judge, ences punishable the record is that while performing pped two bolero uspicion. The first .OD-24-7169 was o and CICL were gistration No.OD- me distance and but during search, seized from the Bolero was being China (brother of assenger Ganesh. stated that the Muduli, who was allegedly e Registratio person. D petitioner Chitrakond offence pu 4. counsel fo Mr. Mangu BLAPL No. counsel fo and Mr. P. perused th 5. submission allegation 600Kgs of commercia well settle of offence ly escorting the ganja in another ration No.OR-05-AM-4772 along wi . During investigation, it was fo ner-Padman Muduli has one criminal konda PS Case No.57 of 2023 for e punishable U/S.20(b)(ii)(C) of the Heard Mr. Prasanta Kumar N l for the petitioner in BLAPL No.11 angu Nandy, learned counsel for th No.11787 of 2025; Mr. Abhas Moh l for the petitioner in BLAPL No.1 r. P. Satpathy, learned Addl. PP in t d the record. After having considered ssion upon perusal of record, t ion against the petitioners for s of contraband ganja which is w ercial quantity in two bolero vehicl ttled that grant or refusal of bail f ences under NDPS Act involvin er Bolero bearing with co-accused s found that the inal antecedent in for commission of the NDPS Act. ar Nanda, learned o.11614 of 2025; r the petitioner in Mohanty, learned o.13211 of 2025 in the matter and red the rival , there appears for transporting is well above the hicles, but law is ail for commission lving commercial quantity i prescribes commercia twin condi (i) the pub to oppose satisfied th that the ac is unlikely materials anteceden Chitrakond U/S.20(b)( seizure of from the petitioner Rengali w strength o persons w petitioner allegation ty is governed by Sec. 37 of NDP ibes that no person accused of off ercial quantity shall be released on b onditions laid down therein are sati public prosecutor has been given a ose the bail application; and (ii) d that there are reasonable ground e accused is not guilty of such offen ikely to commit any offence while ials on record reveals about dent against the petitioner-Padm konda PS Case No.57 of 2023 (b)(ii)(C) of NDPS Act, in addition to e of commercial quantity of cont the vehicle allegedly in occup ner-M. Mohan Rao. Besides, the pet li was taken into custody on 13.08 h of NBWA and case against oth s was split up earlier for the absco ner Ganesh Rengali. In the afores ion against all the three petitioners NDPS Act, which offence involving on bail, unless the satisfied, namely, en an opportunity (ii) the Court is unds for believing ffence and that he hile on bail. The ut one criminal adman Muduli in 023 for offence on to recovery and contraband article cupation of the petitioner Ganesh 3.08.2025 on the other co-accused bscondance of the oresaid facts and ners, it appears to the Court conditions for grant o NDPS Act therefore, petitioners 6. petitioners 2025) Gan Padman M rejected. 7. A soft cop to the lear Orissa High Court, Cu Dated the 23rd day of urt that the petitioners have failed ions of Sec.37 of NDPS Act, which is nt of bail to the person accused of Act involving commercial quantity ore, is not inclined to grant bail ners. Hence, all the three bail appl ners namely M. Mohan Rao (In BLAP Ganesh Rengali (In BLAPL No.1178 n Muduli (In BLAPL No.13211 of Accordingly, the BLAPLs stan copy of this order be immediately learned trial Court. (G. Satapa Judg Cuttack, y of February, 2026/Jayakrushna iled to satisfy the ch is sine qua non d of offence under ntity. This Court, ail to any of the applications of the LAPL No.11614 of 11787 of 2025) & of 2025) stand stand disposed of. ely communicated tapathy) udge