[Cites 2, Cited by 0]
Orissa High Court
Unknown vs State Of Orissa ... Opposite Party on 16 April, 2026
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
Basanta Kumar Udjogi @
Basanta Kumar Udjogi
(In BLAPL No.1392 of 2026)
Lalu Ganda
(In BLAPL No.1497 of 2026)
Pabitra Nag
(In BLAPL No.1757 of 2026)
Bulu Khilla
(In BLAPL No.1758 of 2026) ... Petitioners
Mr. S.K. Baral, Advocate
(in BLAPL No.1392 of 2026)
Mr. M. Nandy, Advocate
(in BLAPL No.1497 of 2026)
Mr. S. Sahoo, Advocate
(in BLAPL Nos.1757 & 1758 of 2026)
-versus-
State of Orissa ... Opposite Party
Mr. R.B. Mishra, Addl. PP
CORAM: JUSTICE G. SATAPATHY
Order No. ORDER(ORAL)16.04.2026
02. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. Since these four 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.
3. These four bail applications U/S.483 of BNSS
by the petitioners for grant of bail in connection with
Mudulipada PS Case No.59 of 2025 corresponding to
Spl GR Case No.73 of 2025 pending in the Court of
learned Sessions Judge-cum-Special Judge, Malkangiri,
for commission of offences punishable U/S.
20(b)(ii)(C)/27-A & 29 of NDPS Act on the main
allegation of transporting 110Kgs of Contraband Ganja
in a Maruti Swift Dzire VDI Car bearing Regd. No.OD-
30-0377.
4. Heard, Mr. Susanta Kumar Baral, learned
counsel for the petitioner in BLAPL No.1392 of 2026;
Mr. Mangu Nandy, learned counsel for the petitioner in
BLAPL No.1497 of 2026; Mr. Sarbeswar Sahoo, learned
counsel for the petitioners in BLAPL Nos.1757 & 1758 of
2026 and Mr. R.B. Mishra, learned Additional Public
Prosecutor and perused the record.
5. After having considered the rival submissions
upon perusal of record, there appears allegation against
the petitioners for transporting 110Kgs of Contraband
Ganja in a Maruti Swift Dzire VDI Car bearing Regd.
No.OD-30-0377, but the petitioner- Basanta Kumar
Udjogi @ Basant Kumar Udjogi was neither an occupant
of the car nor was any contraband article recovered
from his possession, however, the petitioners- Lalu
Ganda, Pabitra Nag and Bulu Khilla were the occupants
of the car carrying 110Kgs of contraband article, which
is well above the commercial quantity. Grant or refusal
of bail to an accused for commission of offence under
NDPS Act involving commercial quantity is governed by
Sec.37 of NDPS Act, which prescribes that no person
accused of offence under NDPS Act involving
commercial quantity shall be released on bail; where
Public Prosecutor opposes such bail application, unless
the Court is satisfied that there exists reasonable
grounds for believing that the accused is not guilty of
the offence and he is unlikely to commit offence while
on bail. In this case, the bail application of the
petitioner Lalu Ganda was earlier been rejected by this
Court vide an order dated 05.01.2026 in BLAPL
No.9058 of 2025, but there is in fact no change in
circumstances in the meantime.
6. On a cumulative consideration of the materials
placed on record, since the petitioners Lalu Ganda,
Pabitra Nag and Bulu Khilla were allegedly found to be
the occupants of the car carrying commercial quantity
of Contraband Ganja and they having not been able to
satisfy the conditions of Sec.37 of NDPS Act, their bail
applications may not be considered favourably. In the
circumstances of event and taking into account the pre-
trial detention of the petitioner- Basanta Kumar Udjogi
@ Basant Kumar Udjogi since 18.05.2025 with
submission of charge-sheet in the meantime and grant
of bail to co-accused Gobardhana Harijan & Jitu @ Jiru
Golori @ Jaru Galari standing on similar footing in
BLAPL Nos.9087 & 11139 of 2025, this Court while not
being inclined to grant bail to the petitioners Lalu
Ganda(BLAPL No.1497 of 2026), Pabitra Nag(BLAPL
No.1757 of 2026) and Bulu Khilla(BLAPL No.1758 of
2026), considers it proper to grant bail to Basanta
Kumar Udjogi @ Basant Kumar Udjogi in BLAPL
No.1392 of 2026 by extending the principle of parity.
6. Hence, the bail application of the petitioners
Lalu Ganda(BLAPL No.1497 of 2026), Pabitra
Nag(BLAPL No.1757 of 2026) and Bulu Khilla(BLAPL
No.1758 of 2026) stands rejected, whereas the bail
application of the petitioner Basanta Kumar Udjogi @
Basant Kumar Udjogi in BLAPL No.1392 of 2026 stands
allowed and the petitioner Basanta Kumar Udjogi @
Basant Kumar Udjogi is allowed to go on bail on
furnishing bail bonds of Rs.1,00,000/- (Rupees One
Lakh) only with two solvent sureties each for the 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.
7. Accordingly, the BLAPL Nos.1392, 1497, 1757
& 1758 of 2026 stand disposed of. Issue urgent
certified copy of the order as per Rules.
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
Jayakrushna
Location: High Court of Orissa, Cuttack
