SOUMITRA MONDAL Vs. STATE OF ODISHA

JUDGEMENT

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

(2.) This is an application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Special Case No.92 of 2023 arising out of Jaleswar P.S. Case No.160 of 2023 pending in the file of learned Special Judge, Balasore, for commission of offences punishable under Ss. 20(b)(ii)(C) of NDPS Act, on the allegation of transporting 54Kgs of Contraband Ganja in a Truck.

(3.) In the course of hearing of the bail application, Mr. Guruprasad Behera, learned counsel for the petitioner submits that three persons were travelling in the Truck including the petitioner and out of three persons, the other two persons were not known to the petitioner and they were carrying some bags. It is further submitted by him that the said two unknown persons might be transporting Contraband Ganja without the knowledge of the petitioner and, therefore, the seizure of Contraband Ganja to the tune of 18Kgs 60Grams from the Truck cannot be attributed to the petitioner and thus, Sec. 37 of NDPS Act would not operate as a Bar for release of the petitioner on bail.