BASANTA KANHAR Vs. STATE OF ODISHA

JUDGEMENT

(1.) This application under Sec. 439 of Cr.P.C. has been filed in connection with Thakurgarh P.S. Case No. 292 of 2023 corresponding to Special (NDPS) Case No. 20 of 2023 pending in the court of the learned Special Judge, Athamallik registered under Sec. 20 (b) (ii) (B)/ 25 of NDPS Act.

(2.) The prayer for bail of the petitioner has been rejected vide order dtd. 3/1/2024 passed by the learned Special Judge, Athamallik in Special (NDPS) Case No. 20 of 2023.

(3.) The prosecution allegation in brief against the petitioner is that on 19/12/2023 at 10 p.m. the S.I. of Police, Thakurgarh along with other staff was performing patrolling duty at Tapdhol area. On the next morning on 20/12/2023 at about 5.00 A.M. they found one Alto car bearing Registration No. OD-02-BE-0953 parked by the side of Badi Khela Tasela near Paikasahi. There was nobody there in the car. On verification of the car, some packets of different sizes wrapped in polythene were found in the dicky of the car from which smell of ganja was coming out. In presence of witnesses and the Executive Magistrate, the car was searched and 10 small packets containing ganja, total weight of which came to 9 kg. 665 grams excluding the polythene bags were recovered. The ganja along with the Alto car, its key and the documents in the car which included one xerox copy of RC in the name of Md. Ismile Sarif, three pages of insurance certificate in the name of the present petitioner, one original sale deed agreement in stamp paper regarding sale agreement between the petitioner and one Amarendra Patra, xerox PAN card of the present petitoner, xerox copy of the vehicle details and other documents were recovered from the car.