SK. RAJAK ALII Vs. STATE OF ODISHA

JUDGEMENT

(1.) This application under Sec. 439 of Cr.P.C. has been filed in connection with Inspector of Excise Bhubaneswar Range-II P.R. No. 99/2023-24 of 2023 corresponding to T.R. Case No. 558 of 2023 pending in the court of the learned District and Sessions Judge, Khurda at Bhubaneswar where final P.R. dtd. 3/1/2024 has been submitted against the petitioner for commission of offence punishable under Sec. 21 (b) of the NDPS Act.

(2.) The prayer for bail of the petitioner has been rejected vide order dtd. 3/1/2024 on the very day final P.R. was submitted.

(3.) The prosecution allegation in brief against the petitioner is that on 4/11/2023 in the morning when the informant along with his staff were performing patrolling duty at Mendhasala area, on receiving reliable information regarding transportation of heroin by the present petitioner in a motor cycle bearing Registration No. OD-33-AK-3703, they proceeded to the spot and detained the petitioner and his motor cycle. On search, 55 grams of heroin were recovered from his conscious possession. As he failed to produce any authority or license for possessing the same, the petitioner was arrested and the heroin was seized.