LAXMAN SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) Challenge in the present application under Section 20(b)(ii)(C) of the has been made to an order of cognizance dated 5.10.2009 passed in Special Case No. 21 of 2009 by which order the learned Judge, Special Court, Angul was pleased to take cognizance of the offence under Section 20(b)(ii)(C) of the N.D.P.S. Act against three persons, namely, Laxman Sahu S/o. Birabara Sahu, Laxman Sahu S/o. Janaka Sahu & Jaya Sahu -S/.o. Dunu Sahu.

(2.) It appears from the proceeding of the case that one Albinus Kerketta, Inspector-in-Charge of Chhendidpada Police Station drew a plain paper F.I.R. to the effect that on 6.8.2009 at about 9.00 A.M. he got a telephonic message regarding illegal transportation of Ganja by the accused persons. After obtaining such information he along with his staff proceeded to the post and found that three persons were coming with his staff loading with Ganja and on seeming the police officials, two of them, namely. Laxman Sahu S/o.

(3.) Janaka Sahu (present Petitioner) as well as Jaya Sahu S/o. Dunu Sahu, fled away from the spot and one of the accused persons, namely, Laxman Sahu S/o. Birabara Sahu was caught/apprehended raid handed at the site.