JYOTIRANJAN MOHAPATRA Vs. STATE OF ODISHA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State. Perused the Case Diary.

(2.) This application under Section 482 Cr.P.C. has been filed praying for quashing of the FIR registered as Khordha P.S. Case No. 287, dated 24.07.2008 for the offence under Section 20(b)(ii)(c) of the N.D.P.S. Act against the petitioner.

(3.) The case of the prosecution is that the informant while was remaining in-charge of the Khurda Police Station, in absence of the IIC of the said Police Station, who was temporarily absent, on getting information that a huge quantity of Ganja, loaded in an ambassador car and a truck is coming from Berhampur, he proceeded to Chandi Chua Chhaka, under Khurda Police Station at 11.50 P.M. on 23.7.2008, with other three Sub-Inspectors and five constables in the official jeep, driven by the driver F.A. Khan. It is stated that at about 4 A.M., when those two vehicles were stopped at a distance, the members of the raiding party rushed towards the vehicles. On seeing the police personnel, three persons had managed to escape in the dark and two persons, who were inside the car and one, who was inside the truck were apprehended. It is alleged that those accused persons, who had been apprehended could not disclose the identity of the driver and helper of the truck but, they disclosed before the informant that the present petitioner is one of the three persons, who managed to escape from the spot. It is also alleged that beside such disclosure by them, the identity card of the present petitioner, issued by the Punjab Technical University as a student of M.B.A. was found inside the alleged car, where five packets of Ganja, weighing about 34 kg. were allegedly found.