BINOD KUMAR GUPTA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is an application under Section 439 Cr.P.C. filed by the petitioner seeking pretrial bail in Plant Site Rourkela P. S. Case No. 30/2001 corresponding to G. R. Case No.121/2001 now sub -judice before the learned Addl. Sessions Judge, Rourkela.

(2.) ON receipt of reliable information that the petitioner was in possession of ganja at Old Bus Stop, Rourkela, the police, Plant Site P. S. searched his person and recovered and seized 5 Kgs. of ganja contained in an attached. In support of such possession when he failed to produce any licence or authority S. I. of Police, Shri B.C. Mishra, set the criminal law into motion by lodging an FIR before the I.I.C., Plant Site P.S., Rourkela, who in turn registered Plant Site Rourkela P. S. Case No. 30/2001 under Section 20(b)(i) of the N.D.P.S. Act (in short "the Act").

(3.) ON perusal of the materials placed before me, I am convinced regarding recovery and seizure of the contraband articles from the possession of the petitioner by the police observing all legal formalities of search and seizure provided under the Act. Thus the only question for consideration is whether Section 37 of the Act applies to the petitioner particularly when out of five years of rigorous imprisonment with which he shall be visited if found guilty during trial, he has already undergone imprisonment about one year as an UTP.