LINGARAJ SABAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

(2.) This is a bail application U/S.439 of Cr.P.C. for grant of bail in connection with G.R. Case No.48 of 2021 (N) arising out of Pattapur P.S. Case No.331 of 2021 pending in the file of learned Additional Sessions Judge-Cum-Special Judge, L.R. and LTV, Berhampur, Dist-Ganjam for commission of offences punishable under Ss. 20(b)(ii)(C) of NDPS Act, on the allegation of possessing 386Kgs 400Grams of Contraband Ganja along with co-accused persons.

(3.) In the course of hearing of the bail application, Mr. S.K. Nayak, learned counsel for the petitioner submits that although there is allegation of seizure of 386Kgs 400Grams of Contraband Ganja in this case, but the fact remains that around 64Kgs 700Grams of Contraband Ganja was alleged to have been seized from the house of the petitioner, which was being not in exclusive occupation of the petitioner and therefore, the petitioner may kindly be granted bail. It is further submitted by him that basing on the statements of the R.I., Amin and Tahasildar, the present petitioner's exclusive possession of Contraband Ganja from his house has been found, but the same was without any basis.