Orissa High Court
Lipun @ Lipan Kumar Majhi vs State Of Odisha ... Opposite Party on 16 April, 2026
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL Nos. 12727 of 2025 & 3343 of 2024
(In the matter of application under Section 483 of the
BNSS, 2023).
Lipun @ Lipan Kumar Majhi ... Petitioners
(In BLAPL No.12727 of 2025)
Susanta Kumar Mohanty
(In BLAPL No. 3343 of 2024)
Mrs. S. Jena, Sr. Advocate along
with Ms. S. Panda, Advocate
(In BLAPL No. 12727 of 2025)
Mr. A.S. Paul, Advocate
(In BLAPL No. 3343 of 2024)
-versus-
State of Odisha ... Opposite Party
Mr. S.C. Pradhan, Addl. PP
CORAM: JUSTICE G. SATAPATHY
DATE OF HEARING & DATE OF JUDGMENT: 16.04.2026 (ORAL)
G. Satapathy, J.
1. Since these two bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties.
2. These are bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Golanthara PS Case No.403 of 2023 corresponding to G.R. Case No. 61 of 2023(N) (Part File) pending in the BLAPL Nos.12727 of 2025 & 3343 of 2024 Page 1 of 5 file of learned Sessions Judge-cum-Special Judge, Berhampur, for commission of offences punishable U/Ss. 20(b)(ii)(C)/25/29 of NDPS Act, on the allegation of transporting 1108.510 Kgs of Contraband Ganja in an Eicher truck bearing Regd. No.OD-02-AT-5945 by entering into conspiracy with each other.
3. Heard, Mrs. Sujata Jena, learned Senior Counsel, who is being assisted by Ms. Sonali Panda, learned counsel for the petitioner in BLAPL No. 12727 of 2025, Mr. Amlan Shakti Paul, learned counsel for the petitioner in BLAPL No. 3343 of 2024 and Mr. S.C. Pradhan, learned Addl. PP in these matters and perused the record.
4. Mrs. Jena emphasizes for grant of bail to the accused- Lipun @ Lipan Kumar Majhi mainly for his implication on the statement of co-accused, but there appears allegation against both the petitioners for transporting 1108.510Kgs of Contraband Ganja, which is admittedly much more than the commercial quantity. Grant or refusal of bail for offences under NDPS Act involving commercial quantity is governed by Sec.37 of BLAPL Nos.12727 of 2025 & 3343 of 2024 Page 2 of 5 NDPS Act, which prescribes that no person accused of offence under NDPS Act involving commercial quantity shall be released on bail, where the Public Prosecutor opposes such bail application; unless the Court is satisfied that there are reasonable grounds for believing that the accused is not guilty of the offence and he is unlikely to commit offence while on bail. It is, however, found from the record that the petitioner-Lipun @ Lipan Kumar Majhi appears to have evaded the process of law by remaining elusive to police people for more than two years, whereas the petitioner-Susanta Kumar Mohanty was allegedly apprehended from the spot on 19.08.2023. The copy of charge sheet as filed in this case implicates both the petitioners for transporting huge quantity of Contraband Ganja. In the context of grant or refusal of bail for an accused for commission of offence under NDPS Act involving commercial quantity, this Court considers it apt to refer to the decision of the Apex Court in Union of India vs. Ajay Kumar Singh @ Pappu; (2023) SCC OnLine SC 346, wherein the Apex Court set aside the order granting bail to the BLAPL Nos.12727 of 2025 & 3343 of 2024 Page 3 of 5 respondent-accused therein after taking note of the following facts at paragraph-9 & 11 which reads as under:-
"9. The driver of the vehicle Om Prakash Yadav revealed that he was driving the truck with the co-accused Amit Yadav as helper of one Bittu Dada of Jamshedpur and at the behest of Shri Ram Pravesh Yadav, resident of Ballia, he had gone to Jamshedpur where the acquaintance of respondent-accused gave him the truck which was loaded with ganja for safe delivery in lieu of Rs.50,000/-. He further informed that the respondent- accused indulges in illicit trade of ganja.
11. The information revealed by the above two accused persons indicated that both of them knew the respondent-accused and that they had connived with him to transport the illicit ganja and that they were in direct contact with the respondent-accused all through on his mobile number. The facts as unfurled from the complaint/FIR and the statements of the above two accused persons recorded under Section 67 of the NDPS Act reveals that respondent-accused is the kingpin and the organiser of the illicit trade in ganja."
5. In view of the aforesaid facts and circumstance and taking into consideration the nature and gravity of the offence as alleged against the petitioners vis-à-vis the accusations sought to be brought against them and regard being had to the recovery and seizure of such a BLAPL Nos.12727 of 2025 & 3343 of 2024 Page 4 of 5 huge quantity of Contraband Ganja, which is well above the commercial quantity from the vehicle allegedly in occupation of the petitioner-Susanta Kumar Mohanty and the consequent failure of both the petitioners to satisfy the conditions of Section 37 of NDPS Act, which is sine qua non for grant of bail to an accused under NDPS Act involving commercial quantity, this Court is not inclined to grant bail to either of the petitioners.
6. Hence, these two bail applications of each of the petitioners namely Lipun @ Lipan Kumar Majhi (BLAPL No. 12727 of 2025) and Susanta Kumar Mohanty (BLAPL No. 3343 of 2024) stand rejected.
7. Accordingly, these BLAPLs stand disposed of. A soft copy of this order be immediately transmitted to the Court in seisin over the matter for reference.
(G. Satapathy) Judge Orissa High Court, Cuttack, Dated the 16th day of April, 2026/S.Sasmal Signature Not Verified Digitally Signed BLAPL Nos.12727 of 2025 & 3343 of 2024 Signed by: SUBHASMITA SASMAL Designation: Jr. Stenographer Page 5 of 5 Reason: Authentication Location: High Court of Orissa Date: 17-Apr-2026 11:37:24