PRADEEP Vs. STATE OF ODISHA

JUDGEMENT

(1.) This application under Sec. 439 of Cr.P.C. has been filed in connection with Padwa P.S. Case No.25 of 2014 corresponding to T.R. No.96 (A) of 2014, pending in the file of the learned Addl. Sessions Judge-cum-Special Judge, Koraput under Ss. 20 (b) (ii) (C)/27 (A) of the N.D.P.S. Act.

(2.) The prosecution case in brief is that on 25/6/2014 at about 11.30 p.m. while the S.I. of Padwa Police Station alongwith staff conducted raid near Pujariput Hatapada, they found a jeep bearing Registration No.OR-10-4810 coming from Bada Devta Temple Chhaka side and proceeding towards Nandapur side. The driver did not stop the vehicle but drove away at high speed. The police team managed to stop the vehicle and two of the occupants, but the driver and two other occupants escaped. On search, police recovered 73 Kgs of contraband ganja. Since the persons could not produce any licence/authority for transportation of ganja, they were arrested and the ganja was seized.

(3.) After completion of investigation, charge sheet was filed against the present petitioner and four others. Three accused persons, namely, Laba Hantal, Balaram Khilla and Bhagaban Panasputia faced trial vide judgment dtd. 30/3/2017. They have been acquitted by the learned Addl. Sessions Judge-cum-Special Judge, Koraput.