BHARAT CHHULA SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard Shri A.K. Chaudhury for the petitioner and learned Addl. Standing Counsel for the opposite party.

(2.) The petitioner, Bharat Chhula Singh alias Chual Singh, who is an accused is G.R. Case No. 1540 of 1992 pending in the Court of the Sub-divisional Judicial Magistrate, Panposh, has filed this application under Sec. 439, Criminal Procedure Code for being admitted to bail, in the said case the petitioner is alleged to have committed the offence punishable under Sec. 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (N.D.P.S. Act).

(3.) The gist of the prosecution case is that on search 150 grams of Ganja was recovered from the grocery shop of the petitioner. The recovery was made on the statement said to have been made by the co-accused Sridhar Sahu, Since the petitioner could not produce any legal authority for possession of Ganja, he has been booked in the case.