RAJENDAR KAKODIYA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This is an application for bail under sec. 439 of Cr.P.C. filed by Rajendar Kakodiya @ Rajendra Kakodia and Sarup Uikey @ Swarup Ulkey in connection with Muniguda P.S. Case No.131 of 2020 corresponding to T.R. Case No.17 of 2020 pending in the Court of learned Addl. Sessions Judge -cum- Special Judge, Gunupur in which charge sheet has been submitted for alleged commission of offences under Sec. 20(b)(ii)(C), 25, 27-A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter 'N.D.P.S. Act').

(2.) The prosecution case, as per the first information report lodged by Chandrama Sabar, S.I. of Police, Muniguda police station, in short, is that on 3/10/2019 on receipt of reliable information by the I.I.C., Muniguda police station that one C.G. number truck loaded with rice bran/husk escorted by one Maruti Alto car and followed by a motor cycle was coming from Danga Sorada and going towards Raipur, as per the direction of the I.I.C., the informant and other police officials, in order to detect the vehicle, checked the vehicles at Dekupuli Chowk in presence of the witnesses and at 12.55 p.m., they noticed the C.G. number truck coming in a high speed being piloted by one blue colour Maruti Alto Car and escorted by one motor cycle. When the informant signaled the drivers of those vehicles to stop, they accelerated the speed but the police team chased the vehicles and could be able to detain the vehicles at Dhobagudi Chowk at 01.10 p.m. The petitioner no.1 Rajendra Kakodia was found to be driving the truck bearing registration No. CG 04 MD-9036 and the petitioner no.2 Swarup Ulkey was the helper of the truck. In Maruti Alto Car as well as Hero Honda Splendor motor cycle, other accused persons were there, who disclosed their names and addresses. On search of Maruti Alto car as well as motor cycle, nothing incriminating was found in it, but smell of contraband ganja was found coming from the truck, which was searched in presence of the Executive Magistrate after complying all the formalities and eleven packets containing contraband ganja and 289 packets containing rice bran in plastic bags were found in the truck and on weighment, the gross weight of the contraband ganja available in those eleven packets came to 500 kg. 280 grams and after excluding the packing materials, the net weight of ganja came to be 498 kg., which were seized and sealed with the personal seal of the informant.

(3.) The co-accused persons were produced in the Court of learned Special Judge, Gunupur on 4/10/2020 along with the seized contraband ganja packets. On the prayer of the Investigating Officer, the learned S.D.J.M. drew up two sample packets of fifty grams from each of the packets and sent it to R.F.S.L., Berhampur for chemical examination and opinion. The rest of the contraband ganja in eleven packets was kept in Court Malkhana, Gunupur.