M.RAMESH REDDY Vs. STATE OF ODISHA

JUDGEMENT

(1.) This application under Sec. 439 Cr.P.C. has been filed in connection with Khruda Industrial Estate P.S. Case No.11 of 2023 corresponding to T.R. Case No.122 of 2023, pending in the file of the learned 1st Addl. Sessions Judge-Cum-Special Judge (NDPS), Khordha under Sec. 21(b)/29 of the N.D.P.S Act read with U/s- 25/25 (6) (7) of the Arms Act.

(2.) The prayer for bail of the petitioner alongwith three other co-accused persons had been rejected vide order dtd. 23/12/2023 passed by the learned 1st Addl. Sessions Judge-Cum-Special Judge (NDPS), Khordha on the ground that 20 grams of brown sugar and one 7 mm pistol and two nos. of live cartridges have been recovered from the conscious and exclusive possession of the accused persons and as the investigation is at preliminary stage and taking into consideration the nature of the crime and its adverse impact on the young mass and economic condition of the Society.

(3.) Mr. S.K.Bhanjadeo, learned counsel for the petitioner submits that the petitioner is in custody since 4/12/2023 and he is a young boy of 23 years and does not have any criminal antecedents. He further submits that nothing has been seized from the possession of the petitioner as per the FIR. As the brown sugar and pistol has been recovered from the pockets of the co-accused, Chandan Nayak and Faruk Khan, there was no way the petitioner could have been known that they were in possession of the brown sugar or pistol. He further submits that the petitioner is being exposed to hardened criminals in jail.