JALADHAR Vs. STATE OF ODISHA

JUDGEMENT

(1.) This application under Sec. 439 of Cr.P.C. has been filed in connection with Balianta P.S. Case No. 375 of 2023 corresponding to T.R. Case No. 560 of 2023 pending in the court of the learned District and Sessions Judge, Khurda at Bhubaneswar under Ss. 20(b)(ii)(B) of the N.D.P.S. Act.

(2.) The prayer for bail of the petitioner has been rejected by a common order dtd. 8/11/2023 passed by the learned Special Judge, Khurda at Bhubaneswar in T.R. No. 560 of 2023 in respect of the petitioner and co-accused Kabuli @ Prasanna Routray and Gudu @ Ananta Bala.

(3.) The prosecution allegations in brief against the petitioner are that on 3/11/2023 afternoon, while the informant and his team were performing patrolling duty at Balianta Bazar, they received credible information regarding transportation of ganja in a passenger auto bearing Registration No. OD-02D-3668 from Nuagaon side, being escorted by an Apache motor cycle bearing Registration No. OD-02BM-0726. The informant and his team proceeded to the spot and detained the auto rickshaw as well as the motorcycle and during search, 9.630 kgs. of contraband ganja was seized from the auto rickshaw. As the petitioner and co-accused persons could not produce any authority for possession of the said ganja, the ganja was seized and they were arrested.