KARUNAKAR NAYAK Vs. STATE

JUDGEMENT

(1.) Karunakar Nayak who is the accused in G.R. Case No. 222 of 1993 registered in the Court of the Sub-divisional Judicial Magistrate, Balasore filed this application under section 439, Criminal Procedure Code seeking bail. His prayer for bail was refused by the Addl. Sessions Judge Balasore vide order dated 2-3-1993 in Criminal Misc. Case No. 5/11 of 1993.

(2.) The petitioner was arrested in Basta P.S. Case No. 26/93 under Sec. 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "the Act") for illegal possession of Ganja. The allegation is that on 22-2-1993 at about 8 P.M. the Circle Inspector, Basta on getting information that the petitioner was selling Ganja at Baharada Bhagabat Tungi reached there and conducted personal search of the petitioner and recovered two grams of Ganja put in three paper backs from his possession and seized the same. The materials so far collected by the investigating, agency, as evident from the case diary, reveal that the petitioner looks after management of the Bhagabat Tungi and organises 'Mela' on each Monday. From the statements recorded under Sec. 161, Cr.P.C it appears that the Ganja recovered from the petitioner on weighment was found to be three grants including the packing papers and two grams without the packing papers. No weighing material or any other material indicating that the petitioner was selling Ganja has been recovered by the investigating agency, None of the witnesses examined have also stated that the petitioner was selling Ganja at any time.

(3.) The question that arises for consideration is whether on the above factual backdrop, the petitioner should be released on bail, particularly keeping in view the provisions of Sec. 37 of the Act.