SAHIL Vs. STATE OF ODISHA

JUDGEMENT

(1.) This application under Sec. 439 of Cr.P.C. has been filed by the Petitioner in connection with Berhampur Town P.S.Case No.275/2023 corresponding to G.R. Case No.53/2023(N) in the file of learned Sessions Judge-cum-Special Judge, Ganjam, Berhampur under Sec. 20(b) (ii) (C) of the NDPS Act.

(2.) Allegations in brief as per the F.I.R. are that two persons were found standing near Berhampur Railway Station holding two bags containing Ganja. One bag containing 13 Kgs. of Ganja was recovered from the Petitioner and the other bag containing 12 Kgs of Ganja was recovered from the co-accused, Ananda Panda. As they could not produce any authorization in support of their possession, the Ganja was seized and both of them were arrested.

(3.) The prayer for bail of the Petitioner has been rejected by the learned Sessions Judge-cum-Special Judge, Ganjam, Berhampur by order dtd. 1/9/2023 on the ground that 25 Kgs. of contraband Ganja has been recovered from the Petitioner, which is a commercial quantity, and attracts to the bar under Sec. 37(1)(b) of the NDPS Act for releasing the Petitioner on bail.