MADAN KHEMUNDU Vs. STATE OF ODISHA

JUDGEMENT

(1.) This application under Sec. 439 Cr.P.C. has been filed by the petitioner in connection with Kasipur P.S. Case No. 129 of 2023 corresponding to T.R. Case No. 48 of 2023, pending in the Court of learned Sessions Judge-cum-Special Judge, Rayagada under Ss. 20 (b) (ii) (c) of NDPS Act.

(2.) The allegations in brief against the petitioners are that on 22/9/2023, while on patrolling duty, the S.I. of Police, Kasipur Police Station intercepted a gray colour Maruti Suzuki Wagon R vehicle bearing Registration No. OR 15 G 0441 on suspicion and on search, a plastic gunny bag containing 22 kgs. of ganja were recovered from the dicky of the car. As the 5 accused persons could not produce any authority for possession of ganja, they were arrested and the ganja was seized.

(3.) Mr. B.P. Nanda, learned counsel for the petitioners that the petitioners have no connection with the ganja which was kept in the dicky of the car. He further submits that they do not have any criminal antecedents and Sec. 37 will not be attracted as the possibility of incorrect weighment cannot be ruled out.