NASAR KUMBHAR Vs. STATE OF ODISHA

JUDGEMENT

(1.) THIS is an application filed by the petitioner under section 438 Cr.P.C. seeking pre -arrest bail in connection with T.R. Case No. 26 of 2013 pending in the court of learned Sessions Judge -cum -Special Judge, Deogarh which arises out of P.R. No. 8 of 2013 -1014 under sections 20(b)(ii)(C) of N.D.P.S. Act, 1985.

(2.) THE prosecution case is that on 28.5.2013 at about 7.00 a.m. while the Sub -Inspector of Excise, Deogarh was performing patrolling duty along with his staff and Executive Magistrate (Tahasildar), Deogarh at village Tinkabir, they noticed a Toyota Qualis Car bearing registration No. CG -04 -ZP -1045 was coming from Chhatabar Side. On reasonable suspicion, they detained the car and found that Ganja smell was coming out of the car. The Sub -Inspector of Excise asked the driver of the car as to what he had kept on the backside seat, the driver replied it to be Ganja. The driver disclosed his name as Nasim Khan. The Sub -Inspector of Excise gave his identity to the driver and after maintaining all formalities of search and seizure, he opened the plastic bag kept on the backside seat and found it to be Ganja. The driver Nasim Khan could not produce any authority for possession of the Ganja. The SI of Excise conducted some test and after being confirmed on the basis of his departmental experience that the articles recovered were nothing but Ganja, it was weighed and found to be 70 Kgs. The seizure list was prepared and it was also sealed. A copy of the seizure list was handed over to the accused driver Nasim Khan and he was forwarded to the Court along with the seized Ganja. As per the order of the learned Sessions Judge -cum -Special Judge, Deogarh, learned S.D.J.M., Deogarh drew sample and sent it for chemical examination to Divisional Excise, Chemical Testing Laboratory, Northern Division, Sambalpur and the rest Ganja was kept in the Court Malkhana. The preliminary report of arrest, search and seizure under section 57 of the N.D.P.S. Act was also prepared.