[Cites 4, Cited by 0]
Orissa High Court
Vadalam Subbarao @ V vs The State Of Orissa .... Opposite ... on 27 April, 2026
Author: Sanjeeb K Panigrahi
Bench: Sanjeeb K Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.2438 of 2026
Vadalam Subbarao @ V. .... Petitioner(s)
Subbarao
Mr. Mangu Nandy, Adv.
-versus-
The State of Orissa .... Opposite Party(s)
Mr. Sonak Mishra, ASC
CORAM:
HON'BLE DR.JUSTICE SANJEEB K PANIGRAHI
Order No. ORDER
01. 27.04.2026
F.I.R. Dated Police Case No. and Sections
No. Station Courts' Name
0040 09.02.2026 Chitrakonda Special G.R. Case Sections 20(b)(ii)(C)
No.67 of 2026 & 29 of the N.D.P.S.
arising out of Act
Chitrakonda P.S.
Case No.0040 of
2026 dated
09.02.2026
pending before
the Court of
learned Sessions
Judge-cum-
Special Judge,
Malkangiri
1. This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the Petitioner and learned
counsel for the State.
3. The Petitioner being in custody in connection with
Special G.R. Case No.67 of 2026 arising out of
Signature Not Verified
Digitally Signed
Signed by: AYASKANTA JENA
Designation: Personal Assistant
Reason: Authentication
Location: High Court of Orissa
Date: 30-Apr-2026 16:30:17 Page 1 of 6
Chitrakonda P.S. Case No.0040 of 2026 dated 09.02.2026
pending before the Court of learned Sessions Judge-
cum-Special Judge, Malkangiri registered for the
alleged commission of offences under Sections
20(b)(ii)(C) & 29 of the N.D.P.S. Act, has filed this
application for his release on bail.
4. The brief fact of the case is that on 09.02.2026 at about
8.30 A.M., during course of patrolling duty the S.I. of
Police, Chitrakonda Police Station on getting credible
information regarding manufacturing of liquid Ganja
by utilizing chemicals at Bedapadar village, rushed to
the said area along with his other staffs. On reaching at
the spot, they detained the present Petitioner including
three other persons. On search, they seized on plastic
bag, one plastic sack containing some suspicious
articles, one machine installed on the top of the hill
inside the jungle, accessories like pipes and pressure
cooker connected to the machine being used for
processing of contraband articles, one HP gas cylinder
and four plastic drums. They also seized one bottle
containing one kilogram of liquid ganja, one bottle
containing two kilograms of liquid ganja/Hashish oil,
one bag containing fifty kilograms of raw ganja and one
bag containing thirty kilograms of contraband ganja.
Accordingly, upon completion of investigation, the
Signature Not Verified
Digitally Signed
Signed by: AYASKANTA JENA
Designation: Personal Assistant
Reason: Authentication
Location: High Court of Orissa
Date: 30-Apr-2026 16:30:17 Page 2 of 6
Petitioner was taken into custody. The Petitioner has
been languishing in custody since 09.02.2026.
5. Learned counsel for the Petitioner submits that the
Petitioner has been falsely implicated in this case. The
above noted contraband articles do not belong to the
present Petitioner. Nothing has been seized from the
conscious possession of the present Petitioner. The
ground of arrest has not been provided to the present
Petitioner. He, accordingly, prays for permitting the
Petitioner to be released on bail.
6. Learned counsel for the State vehemently opposes the
prayer for bail of the present Petitioner. He further
contends that such type of offences is not tolerable in a
law abiding society. He, accordingly, prays for
dismissal of this BLAPL.
7. Considering the submissions made on behalf of both
the parties, this Court finds that this petition centers on
a plea for bail in a case involving the alleged possession
and transportation of contraband Ganja. Under the
NDPS Act, offences of this nature invoke a stricter
threshold for bail. The Court is required to form a
reasoned belief not only that the accused may be
innocent but also that the likelihood of reoffending
while on bail is minimal.
Signature Not Verified
Digitally Signed
Signed by: AYASKANTA JENA
Designation: Personal Assistant
Reason: Authentication
Location: High Court of Orissa
Date: 30-Apr-2026 16:30:17 Page 3 of 6
8. In evaluating bail for offences involving commercial
quantities under the NDPS Act, the Court must look
beyond isolated facts and assess the wider operational
context. Such crimes often involve coordinated efforts
among multiple individuals and cannot be understood
in isolation. Therefore, a comprehensive analysis of the
interconnected roles and circumstances surrounding the
offence is essential.
9. It is well settled that bail jurisprudence under the NDPS
Act, particularly for commercial quantities, is governed
by a more stringent test. In the case of Union of India v.
Ajay Kumar Singh @ Pappu1 the Supreme Court
reiterated the stance that no person accused of trading
commercial quantity of narcotics is liable to be released
on bail unless Court is satisfied of reasonable grounds
proving innocence. The relevant excerpts are produced
below:
"16. In view of the above provisions, it is implicit
that no person accused of an offence involving trade
in commercial quantity of narcotics is liable to be
released on bail unless the court is satisfied that
there are reasonable grounds for believing that he is
not guilty of such an offence and that he is not likely
to commit any offence while on bail.
17. The quantity of "ganja" recovered is admittedly
of commercial quantity. The High Court has not
recorded any finding that the respondent-accused is
2023 SCC Online 346
Signed by: AYASKANTA JENA
Designation: Personal Assistant
Reason: Authentication
Location: High Court of Orissa
not prima facie guilty of the offence alleged and that
he is not likely to commit the same offence when
enlarged on bail rather his antecedents are indicative
that he is a regular offender. In the absence of
recording of such satisfaction by the court, we are of
the opinion that the High Court manifestly erred in
enlarging the respondent-accused on bail."
10. At the bail stage, the Court is not expected to
determine the guilt of the accused. However, it must
assess whether the material on record provides
reasonable grounds to believe that the accused is not
guilty. This includes a holistic consideration of all
statements, documents, and evidence gathered during
the investigation. Even if such material does not
conclusively prove innocence, it cannot be dismissed
outright, as doing so would undermine the legal
standard set by Section 37 of the NDPS Act.
11. The Petitioner's involvement, whether direct or
peripheral, warrants full scrutiny at trial. Granting bail
at this stage would risk a premature assessment of facts,
which this Court is not inclined to undertake.
12. The Court is conscious that the Petitioner has spent
considerable time in custody. But in cases under the
NDPS Act involving commercial quantity, bail cannot
be granted only on the basis of time spent. The law
requires reasonable grounds to believe the accused is
Designation: Personal Assistant
Location: High Court of Orissa
not guilty and will not commit a similar offence. That
test is not met in the present case.
13. Accordingly, the BLAPL is dismissed.
(Dr. Sanjeeb K Panigrahi)
Judge
Ayaskanta
Designation: Personal Assistant
Location: High Court of Orissa
