BHAGABAN KHILLA Vs. STATE OF ODISHA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned counsel for the State.

(2.) The petitioner being in custody in T.R. Case No.18 of 2017, arising out of Boriguma P.S. Case No.60 of 2017, pending in the court of learned Sessions Judge-Cum-Special Judge, Koraput, has filed this petition for his release on bail. The offence alleged against the petitioner is punishable under Section 20(b)(ii)(C) of the N.D.P.S. Act.

(3.) Allegation of the prosecution is that one Dastagir Khan along with his Helper Bachu Yadab while taking some goods i.e. the broken glasses in their truck from Jagatsinghpur to Firodabad on the way at Kolab Chhak in the district of Koraput they being requested by a person to transport the seven number of Ganja bags for Nawarangpur for alluring freight loaded the same in the vehicle and proceeded. At that time, one Hero Honda Motor Cycle was running ahead their vehicle and also a Car and an Auto Rikshaw were following them. However, near Mariamarg Sahi, Boriguma the police officials apprehended the vehicle and seizure of Ganja was made from the vehicle, in spite of the driver of the truck stating that the entire Ganja was seized from him.