DEV MANDI Vs. STATE OF ODISHA

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. by the Petitioner for grant of bail in connection with machhakund P.S. Case No. 089 of 2022 corresponding to T.R. Case No. 86 of 2022 pending in the file of learned Additional Sessions Judge-cum-Special Court, Koraput for commission of offences punishable Under Ss. 20(b)(ii)(C)/29 of the NDPS Act, on the allegation of unlawfully possessing 125 Kgs and 800 Grams of Contraband Ganja in his temporary house at Village Sana Sagar.

(3.) In the course of hearing of the bail application, Mr. J.Khansama, learned counsel for the Petitioner very emphatically submits by referring to annexure-3 which is a photo copy of Register of new Shiva Lodge along with copy of money receipt that on the relevant day of occurrence, the Petitioner was never apprehended from the spot, rather he was taken from the new Shiva Lodge situated at a distance of 60Kms from the place of raid and, thereby, the allegation against the Petitioner for possessing Contraband Ganja in his temporary house was false and motivated one. It is further submitted by him that the said Contraband Ganja was stored by one Dama Runguda as per the interrogation of the Petitioner made by the IO and the Petitioner having already detained in custody without any fault may kindly be granted bail.