SAKUNTALA PATEL Vs. STATE OF ORISSA

JUDGEMENT

(1.) The three petitioners Sakuntala Patel, Nitil Patel and Ashok Kumar Singh have filed the above mentioned bail applications separately in connection with Manamunda P.S. Case No. 149 of 2017 corresponding to C.T. Case No. 433 of 2017 pending in the Court of learned Special Judge, Boudh in which charge sheet has been submitted under sections 20(b)(ii)(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereafter 'N.D.P.S. Act').

(2.) On 17.08.2017 at 01.50 p.m. the informant S.I. of police Gouri Mallik of Manamunda P.S. reported in writing before the I.I.C. of Manamunda P.S. to the effect on that day i.e. 17.08.2017 at about 8.40 a.m., the I.I.C. received reliable information regarding possession and transportation of contraband Ganja in KGN Bus bearing Regd. No. OR 02 AD 4399, which was proceeding towards Manamunda from Boudh side with further information that unless immediate raid/interception was conducted near Krishna Dhaba, Manamunda, the contraband ganja i.e. fruiting and flowering tops of cannabis plants may be shifted to other persons for wrongful gain. As it was not possible to obtain search warrant from the competent authority, it was decided to conduct interception/raid near Krishna Dhaba, Manamunda immediately without search warrant or authorization. The reliable information was entered in police station diary book and intimation was sent to S.P. Boudh/S.D.P.O., Boudh over Cell Phone and those authorities were also intimated through VHF Message. A raiding party was formed consisting of the informant S.I. of police Gouri Mallick and other police officials who arrived at the designated spot and at about 09.05 a.m. the KGN Bus bearing Regd. No. OR 02 AD 4399 arrived there. The driver, conductor and helper got down from the bus and the informant intimated them regarding the information received and also requested them to assist in the operation. On search of the bus, two gunny bags suspected to be containing ganja and one air bag was found inside the bus near seat nos.21, 22 and 23 where two men and one woman were sitting who claimed the ownership of the bags. Other copassengers also corroborated the claim of those two men and one woman regarding their ownership with the bags. On being asked, those two men and one woman gave their identities and they are the petitioners in this case. Written notice under section 50 of the N.D.P.S. Act was served on the petitioners who expressed their willingness to be searched in presence of the Executive Magistrate. On requisition, the Executive Magistrate arrived at the spot and a weighman was also called to the spot who came with sealing, packing and stitching materials. After the requisite formalities, the personal search of the petitioners were taken separately and thereafter the contents of the gunny bags were unloaded and its weight was taken. The first gunny bag was containing net weight of 20 kg. 130 grams of ganja and the second gunny bag was containing net weight of 16 kg. 135 grams of ganja and thus the total weight of ganja was found to be 36 kg. 265 grams. The samples were taken from the two gunny bags in duplicate and it was packed, sealed and the seizure lists were prepared. The personal brass seal of the informant was handed over in the zima of the weighman under zimanama. Since the petitioners were found in conscious and exclusive possession of ganja of commercial quantity, the first information report was drawn up and the petitioners were arrested.

(3.) Mr. Niranjan Panda, learned counsel appearing for the petitioners contended that since the ganja was seized from a bus where other passengers were there, it cannot be said that it was seized from the exclusive/conscious possession of the petitioners. It is further contended that the petitioners have been falsely entangled in the case and there is no clinching material against them and there is no chance of absconding or tampering with the evidence and therefore, the bail applications may be favourably considered.