SATISH SINGH Vs. STATE OF ODISHA

JUDGEMENT

(1.) This is the 3rd successive bail application of the petitioner Satish Singh who is in judicial custody since 7/3/2021 in connection with Mathili P.S. Case No. 42 of 2021 corresponding to Special G.R. Case No.36 of 2021 pending in the Court of Sessions Judge -cum- Special Judge, Malkangiri for the offence under sec. 20(b)(ii)(C) of the N.D.P.S. Act.

(2.) The prosecution case, in short, is that on 7/3/2021 at 6.30 p.m., Krutibas Behera, the S.I. of Police of Salimi Outpost under Mathili police station in the district of Malkangiri submitted a written report before the I.I.C., Mathili police station that on 6/3/2021 at about 11.30 p.m., while he was performing night patrolling and MV checking duty on NH-326 near Govindapalli bus stand, at about 12.35 a.m. one Maruti Suzuki vehicle and Toyota Corolla vehicle back to back came in high speed from Malkangiri side. On suspicion, the informant stopped both the vehicles and in Maruti Suzuki vehicle bearing registration No.HR-22-4972, four persons were found sitting including the driver and in the Toyota Corolla vehicle bearing registration No.HR-12-J-1000, four persons were also there including the driver. When the informant asked them to show the documents of the vehicles, they denied of having the same. As suspicion arose, the informant conducted verification of the vehicles and noticed that the Maruti Suzuki vehicle was containing two nos. of plastic sacks packed with something, which were loaded in the backside dickey and in the Toyota Corolla vehicle, three nos. of plastic sacks packed with something were loaded in the backside dickey. From the pungent smell coming out from the plastic sacks, the informant suspected that it was ganja and accordingly, he asked the drivers and other occupants of both the vehicles about the loaded plastic sacks of the vehicles, but they fumbled initially to give any answer and thereafter, they confessed that ganja has been kept in the plastic sacks. The occupants including the drivers of both the vehicles disclosed their names and addresses. The petitioner Satish Singh was found moving in Toyota Corolla vehicle. The accused persons also disclosed that they have procured ganja from Chitrakonda Swabhiman area and were transporting the same in the two vehicles. In presence of independent witnesses, the plastic sacks were opened and from the colour, smell, shape of the articles found inside the plastic sacks and from his own departmental experience, the informant was confirmed that it was ganja. The accused persons failed to produce any licence or authority for possession of huge quantity of ganja kept in the five plastic sacks. During personal search of the petitioner, one mobile phone, aadhar card, original voter identity card, one pan card, driving licence, Axis Bank Debit card, Axis Visa Credit card etc. were found and those were seized. On weighment, the gross weight of the ganja came to be 138 kg. 300 grams and samples in duplicate were collected from each of the plastic sacks and the sample packets and bulk quantity of ganja were separately seized and sealed and the seizure list was prepared and the accused persons with the seized articles were taken to Mathili police station where first information report was lodged.

(3.) The first bail application of the petitioner in BLAPL No. 2562 of 2021 was disposed of as withdrawn as per order dtd. 6/11/2021. The second bail application of the petitioner in BLAPL No.10163 of 2021 was also disposed of as withdrawn on 9/9/2022. After withdrawal of the second bail application, the petitioner has not moved the learned trial Court again for bail, but he has annexed the rejection order dtd. 8/3/2021 with the present bail application, which was also annexed to the second bail application i.e. BLAPL No.10163 of 2021. In this third bail application, it has also not been mentioned that the petitioner approached this Court in BLAPL No.10163 of 2021 and thus, there is suppression of the fact.