DULHAN KHAN Vs. STATE OF ODISHA

JUDGEMENT

(1.) This is an application under Sec. -439 Cr.P.C.

(2.) The petitioner is the accused in connection with Padwa P.S. Case No.159 of 2023 corresponding to T.R. Case No.145 of 2023 for the offence under Sec. -20(b)(ii)C of the N.D.P.S. Act pending in the Court of the learned Addl. Sessions Judge-cum-Special Judge, Koraput.

(3.) The allegation against the petitioner that on 17/12/2023, the S.I. of Police along with his staff were performing patrolling duty. The police team proceeded towards Chatwa and found accused was standing with a jerry bag on the side of SH-52 road near a jungle. Seeing the police, the accused suddenly started running, throwing the jerry bag. The police apprehended him and on search, 28 kgs. of ganja was seized from him.