[Cites 3, Cited by 0]
Orissa High Court
M. Mohan Rao vs State Of Odisha ... Opposite Party on 23 February, 2026
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL Nos.11614,
Nos. 11787&13211 of 2025
(In the matter of applications under Section 483 of
BNSS, 2023).
M. Mohan Rao ... Petitioners
(In BLAPL No.11614 of 2025)
Ganesh Rengali
(In BLAPL No.11787
11787 of 2025)
Padman Muduli
(In BLAPL No.13211 of 2025)
Mr.P.K. Nanda,, Advocate
(in BLAPL No.11614 of 2025)
Mr. M. Nandy, Advocate
(in BLAPL No.11787 of 2025)
Mr. A. Mohanty,, Advocate
(in BLAPL No.13211 of 2025)
-versus-
State of Odisha ... Opposite Party
Mr. P. Satpathy, Addl. PP
CORAM: JUSTICE G. SATAPATHY
DATE OF DATE OF HEARING &JUDGMENT:23.02.2026
&JUDGMENT .02.2026
G. Satapathy, J.
1. Since these three bail applications arise out
of one and same case record, the same are taken up &
heard together and disposed of by this common order
with the consent of the learned counsel for the parties.
2. These three applications U/S.483 of BNSS
by the petitioners for grant of bail in connection with
Malkangiri PS Case No.529 of 2023 corresponding to
Special GR Case No.204 of 2023 pending in the Court of
learned Addl. Sessions Judge-cum-Special
Special Judge,
Malkangiri for commission
ommission of offences punishable
U/Ss.20(b)(ii)(C)/25/29
20(b)(ii)(C)/25/29 of NDPS Act
Act.
3. The gist of facts as found from the record is that
on 30.09.2023 at about 4.45a.m while performing
patrolling duty, the police staff stopped two bolero
vehicles coming from Malkangiri
Malkangiri on suspicion. The first
Bolero bearing the Registration No.OD-24-7169
No.OD was
stopped in which one M. Mohan Rao and CICL were
sitting. The second Bolero bearing Registration No.OD-
No.OD
02-AL-9817
9817 was also stopped at some distance and
three persons sitting therein escaped, but during search,
600Kgs of contraband Ganja
anja were seized from the
aforesaid two vehicles. The second Bolero was being
allegedly driven by Mr. Arjun Rao @ China (brother of
accused M. Mohan Rao) with co
co-passenger
passenger Ganesh.
During interrogation, M. Mohan Rao stated that the
ganja had been supplied by Padman Muduli, who was
allegedly escorting the ganja in another Bolero bearing
Registration No.OR
No.OR-05-AM-4772
4772 along with co
co-accused
person.. During investigation, it was found that the
petitioner
petitioner-Padman Muduli has one criminal antecedent in
Chitrakonda PS Case No.57 of 2023 for commission of
offence punishable U/S.20(b)(ii)(C) of the NDPS Act.
4. Heard Mr. Prasanta Kumar Nanda, learned
counsel for the petitioner in BLAPL No.11614 of 2025;
Mr. Mangu Nandy,
Nandy, learned counsel for the petitioner in
BLAPL No.11787 of 2025; Mr. Abhas Mohanty, learned
counsel for the petitioner in BLAPL No.13211 of 2025
and Mr. P. Satpathy, learned Addl. PP in the matter and
perused the record.
5. After having considered the rival
submission upon perusal of record, there appears
allegation against the petitioners for transporting
600Kgs of contraband ganja which is well above the
commercial quantity in two bolero vehicles, but law is
well settled th
that
at grant or refusal of bail for commission
of offences under NDPS Act involving commercial
quantity is governed by Sec. 37 of NDPS Act, which
prescribes that no person accused of offence involving
commercial quantity shall be released on bail,
bail unless the
twin conditions laid down therein are satisfied, namely,
(i) the public prosecutor
prosecut has been given an opportunity
to oppose the bail application;
application; and (ii) the Court is
satisfied that there are reasonable grounds for believing
that the accused is not guilty of such offence and that he
is unlikely to commit any offence while on bail. The
materials on record reveals
reveals about one criminal
antecedent against the petitioner-Padman
Padman Muduli in
Chitrakonda PS Case No.57 of 2023 for offence
U/S.20(b)(ii)(C) of
o NDPS Act, in addition to recovery and
seizure of commercial quantity of contraband article
from the vehicle allegedly in occupation of the
petitioner
petitioner-M. Mohan Rao. Besides,
s, the petitioner Ganesh
Rengali was taken into custody on 13.08.2025 on the
strength
h of NBWA and case against other co-accused
co
persons was split up earlier for the abscondance of the
petitioner Ganesh Rengali. In the aforesaid facts and
allegation against all the three petitioners, it appears to
the Court that the petitioners have failed to satisfy the
conditions of Sec.37 of NDPS Act, which is sine qua non
for grant of bail to the person accused of offence under
NDPS Act involving commercial quantity.
quantity This Court,
therefore, is not inclined to grant bail to any of the
petitioners.
6. Hence,
nce, all the three bail applications of the
petitioners namely M. Mohan Rao (In BLAPL No.11614 of
2025) Ganesh Rengali (In BLAPL No.11787 of 2025) &
Padman Muduli (In BLAPL No.13211 of 2025) stand
rejected.
7. Accordingly, the BLAPLs stand disposed of.
A soft copy of this order be immediately communicated
to the learned trial Court.
(G. Satapathy)
Judge
Orissa High Court, Cuttack,
Digitally Signed Dated the 23rd day of February, 2026/Jayakrushna
Signed by: PRIYAJIT SAHOO
Reason: Authentication
Location: HIGH COURT OF ORISSA
Date: 26-Feb-2026 17:50:43
