BALBIR SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application under Section 439 of the Code of Criminal Procedure for releasing the petitioner on bail. The petitioner is accused of having committed offences under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the "N.D.P.S. Act") and Section 47(a) of the Bihar and Orissa Excise Act.

(2.) It is alleged that the petitioner is the owner of a Maruti Van bearing registration No. OAS 7405 and the co-Accused Sukant Kumar Biswal is the Driver. The Sub-Inspector of police of Bargarh Police Station while on patrol duty, on 21-8-1995 at about 9 p.m. received reliable information that a Maruti Van bearing number OAS 7405 was coming an N.H. 6 carrying Ganja and country liquor. On receiving this information, the Sub-Inspector along with other police staff proceeded towards Sohella side. At about 10.30 p.m., the Maruti Van was coming from Sohella side in high speed and did not stop in spite of signal given by the police officials. After chase was given by the police, the petitioner and the co-accused abandoned the van and ran away and could not be apprehended. Thereafter the police officials searched the vehicle and recovered 5 Kgs. of Ganja and 1,5000 litres of country liquor from inside the van. On the aforesaid allegations, the Sub-Inspector of Police lodged F.I.R. before the Officer-In-Charge, Bargarh Police Station, at 11.30 p.m.The petitioner was apprehended on 29-1-1996 and was produced thereafter. His application for bail having been rejected by the Sessions Judge, this petition has been filed in this Court.

(3.) I have heard the learned Counsel for the petitioner and the learned Standing Counsel and perused the case diary which has been produced. It was first contended that the alleged offence under Section 20(b) of the Act is punishable with imprisonment which may extend to five years and as such the bar under Section 37 of the Act may not be applicable. It is submitted that the bar under Section 37 should be made applicable to offence punishable with minimum five years of imprisonment. Inspirations for the aforesaid submission is drawn from the decision of the Karnataka High Court reported in 1993 Cri LJ 94 (A. V. Dharmasingh v. The State Karnataka by the State Public Prosecutor) and the decision of the Patna High Court reported in 1994 (3) Crimes 671 (Kamlesh Kumar v. State of Bihar). No doubt, the aforesaid two decisions support the contention of the learned Counsel for the petitioner. However, the aforesaid two decisions run contrary to the decision of the Orissa High Court reported in 1992 (1) Crimes 79 (Rajendra Panda v. State of Orissa).