LAWS(ORI)-2024-1-69

SANTOSH KUMAR DAS Vs. STATE OF ODISHA

Decided On January 18, 2024
Santosh Kumar Das Appellant
V/S
STATE OF ODISHA Respondents

JUDGEMENT

(1.) This application under Sec. 439 of the Cr.P.C. has been filed for releasing the petitioner on bail in connection with Bhubaneswar Excise Station-II PR No. 111 of 2023-24 corresponding to T.R. Case No. 574 of 2023 pending before the Court of the learned District and Session Judge, Bhubaneswar, registered for commission of the offence punishable under Sec. 21(b)(ii)(C) of NDPS Act, 1985.

(2.) The prayer for bail has been rejected on 4/12/2023 passed by learned District and Sessions judge, Khurda at- Bhubaneswar.

(3.) The prosecution allegation in brief is that on 10/11/2023 morning, when the informant and his team were performing patrolling duty within Mancheswar P.S. area, they received credible information regarding selling of heroin at Bank chhak, Mancheswar. To verify, the informant and his team proceeded to the spot and detained the accused and on search 52 grams of heroin were recovered from his conscious possession. As he failed to produce any authority or license for possessing the same, he was arrested and the heroin was seized.