ATMAPRAKASH Vs. STATE OF ODISHA

JUDGEMENT

(1.) The present criminal revision filed under Sec. 401 Cr.P.C. is directed against the order dtd. 31/8/2021, passed by the learned Sessions Judge-cum-Special Judge, Malkangiri in T.R. Case No.103 of 2020 registered under Ss. 20(b)(ii)C/27-A/29 of the N.D.P.S. Act, which arises out of Mathili P.S. Case No.130 of 2020 registered on 14/9/2020. In the impugned order dtd. 31/8/2021, learned Special Judge, Malkangiri has refused to grant default bail under Sec. 167(2) of the Criminal Procedure Code.

(2.) The factual backdrop of the case in gist is that one Raghunath Majhi, IIC of Mathili Police Station has drawn a plain paper FIR on 14/9/2020 inter alia alleging that while he was performing the patrolling duty at NH-326 with his team near Forest Check Gate, Govindapally at about 8.45 P.M. they saw one two wheeler and one four wheeler vehicle came back to back towards them in high speed from Govindapally side. On seeing the police team, the head lights of the vehicles were switched off at a little distance. On suspicious, the police team proceeded towards the vehicles. On seeing the police team, the occupant of both the vehicles started running towards the jungle area. However, the police team managed to catch hold of two of them and the others managed to escape into the jungle by taking advantage of the darkness of the night. The two persons who were apprehended at the spot when asked about their fleeing from the spot, they could not give any satisfactory answer. Later on, they both confessed that they were carrying ganja inside the car as well as in the motorcycle without any valid license or documents for such illegal possession and transportation. On further interrogation, one of them disclosed his name was Atmaprakash (Petitioner No.1) and the other person was Kuldeep Rabat @ Kumar (Petitioner No.2). Further, on search of the vehicle, it was dictated by the police that they were illegally transporting contraband ganja in three packets. The total weight of which was about 60 kgs. 950 gms. They further disclosed that they were inside the card and Atmaprakash was driven the said car and Kuldeep Kumar was seated on the side of the driver in the front seat and Vinod who is the associate of Sankar Hindi was the pillion rider in the vehicle. The contraband ganja was procured from Malkangiri and Mahananda Mandal, Dillip Biswas, Nilakantha Basu of village MV-84 are the financers. Further it was disclosed that the consignment was to be delivered to one Ajay Verma of Faridabad, who had engaged these persons for transportation of ganja and he himself was waiting at Jeypore.

(3.) It is submitted by learned counsel for the Petitioners that the FIR was lodged at Mathili police station on 14/9/2020. On being arrested, the two accused persons were forwarded to court on 15/9/2020. It is further submitted by learned counsel for the Petitioners that after investigation, the I.O. has filed charge-sheet on 26/4/2021 under the aforesaid Sec. of the N.D.P.S. act.