PADMALOCHAN ALIAS PADMALAVA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner has filed this application for bail under Section 439 of the Code of Criminal Procedure (hereinafter referred to as the 'Code'). He has been charge -sheeted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the 'NDPS Act'). It is alleged that 3 Kgs. of opium puppy had been recovered from inside the house of the petitioner.

(2.) IT is submitted by the learned counsel for the petitioner that admittedly the house in question was in occupation of other adult male members and female members, apart from the petitioner. It is further submitted that there is no material to indicate prima facie that the articles alleged to have been seized were under the exclusive possession of the petitioner. The learned counsel further submitted that in the seizure list initially it was mentioned that the articles had been seized from the bed room of Sudhakar Swain but subsequently the said name has been corrected and name of Padmanay Swain has been indicated. The learned counsel further submitted that the allegations that the room from where the seizure was effected was the bed room of the petitioner, is based only on the alleged statement of the accused in presence of the raiding party and there is no other material on record to show that in fact the said room was the bed room of the petitioner. He further submitted that the materials on record indicate that no door had been affixed to the said room and construction of door was in progress and as such the room was accessible to all. - -