BICKY PATTNAIK Vs. STATE OF ODISHA

JUDGEMENT

(1.) This application under Sec. 439 of Cr.P.C. has been filed in connection with Tamando P.S. Case No. 215 of 2023 corresponding to T.R. Case No. 425 of 2023 pending in the court of the learned District and Sessions Judge, Khurda at Bhubaneswar registered under Ss. 21 (c) /29 of the NDPS Act.

(2.) The prayer for bail of the petitioner has been rejected vide order dtd. 26/12/2023 passed by the learned District and Sessions Judge, Khurda at Bhubaneswar.

(3.) The prosecution case in brief against the petitioner is that on 15/8/2023 at about 4.00 P.M., on receiving reliable information that co-accused Deepak Kumar Behera was standing near Nilakantheswar Temple, Kalinga Vihar to deliver a huge quantity of brown sugar to the general public, the informant went to the spot and detained the accused. During search, 280 grams of brown sugar were recovered from his conscious possession. On interrogation, co-accused Deepak Kumar Behera stated that he has engaged the present petitioner- Raja Pattanaik, co-accused Papu Nayak @ Alex Papu, Soubhagya Sahoo @ Chakuli, Rabi Nayak, Sulei Nayak, Dillip Kumar Behera @ Jay Nanda, Mania Nayak, Ansari Bibi, Bicky Pattanaik, Tofan Nayak, Sonu Pattanaik, Santanu Nayak and Aju @ Ajay Mohanty to sell drugs in Bhubaneswar city. He also confessed that he is financing these people for selling, transporting and distributing brown sugar in the city and that he had kept the brown sugar for selling to general people and different customers and he is in the habit of doing this business and previously he has sold brown sugar along with the other accused persons in Bhubaneswar city. On weighment, the weight of the brown sugar came to 280 grams and after drawing a sample, the brown sugar was seized and the co-accused Deepak Kumar Behera was arrested. The present petitioner has been arrested on 18/12/2023.