KABULI Vs. STATE OF ODISHA

JUDGEMENT

(1.) This application under Sec. 439 of Cr.P.C. has been filed in connection with Balianta P.S. Case No.375 of 2023 corresponding to T.R. Case No.560 of 2023, pending in the Court of the learned District and Sessions Judge, Khurda at Bhubaneswar under Sec. 20 (b) (ii) (B) of the NDPS Act.

(2.) The prayer for bail of the petitioner alongwith co-accused-Jalandhar Swain @ Jalia and Gudu @ Ananta Bala had been rejected by a common order dtd. 8/11/2023 by the learned Sessions Judge, Khurda at Bhubaneswar as the investigation was at a nascent stage.

(3.) The prosecution allegations in brief against the petitioner are that on 3/11/2023 afternoon, while the informant and his team were performing patrolling duty at Balianta Bazar, they received credible information regarding transportation of ganja in a passenger auto bearing Registration No. OD-02D-3668 from Nuagaon side, being escorted by an Apache motor cycle bearing Registration No. OD-02BM-0726. The informant and his team proceeded to the spot and detained the auto rickshaw as well as the motorcycle and during search, 9.630 kgs. of contraband ganja was seized from the auto rickshaw. The petitioner was the occupant of the auto rickshaw. As the petitioner and co-accused persons - Ananta Bala @ Gudu and Jalandhar Swain @ Jalia and Gudu @ Ananta Bala would not produce any authority for possession of said ganja, the ganja was seized and they were arrested at the spot.