MANOJ KUMAR BOHIDAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner Manoj Kumar Bohidar has filed this criminal revision petition challenging the impugned order dated 21.11.2014 passed by the learned Sessions Judge -cum- Special Judge, Bolangir in G.R. Case No.781 of 2013 in dismissing the petition filed by the petitioner under section 227 of Cr.P.C. for discharge.

(2.) The prosecution case, in short, is that on 06.12013 while Malaya Kumar Panda, Sub-Inspector of Police, Town Police Station, Bolangir along with other police staffs were performing their duty of checking the suspicious motor vehicle on the road near RTO Chowk, Bolangir as per the reliable information for detecting transportation of ganja, they found one Tata Indica Vista Car bearing registration no. OD-02-B-2444 white colour followed by Honda City Gxi Car bearing registration no. OR-15- H-6471 black colour came in high speed from Titilagarh side and though signal was given by the police officials to those two cars to stop but the drivers and occupants did not obey the command or hand signal and sped away towards Bolangir Town. Both the cars were chased by the police officials in their official jeep. The car drivers drove the cars in high speed and they took the road towards Central School side diverting from the main road. The vehicles were followed upto the backside of the Palace field and stopped and while the drivers and the occupants were trying to run away, they were detained. In presence of the Executive Magistrate and other witnesses, when the Honda City Gxi Car bearing registration no. OR-15-H-6471 was searched, thirty numbers of polythene packets containing ganja, each weighing 4 kg. including polythene packets were found inside the dicky of the car and the total weight of ganja came to 120 kg. including polythene packets and after drawing of sample, the total weight came to 115.5 kg. excluding the weight of polythene packets. The petitioner was found in the Tata Indica Vista Car bearing registration No.OD-02-B-2444 along with three others including the driver and from the possession of the petitioner, some mobile phones, identity card and visiting card of the petitioner and cash of Rs.1,910/- were seized in presence of the Executive Magistrate and the witnesses. Since the accused persons including the petitioner were found in conscious and exclusive possession of contraband ganja and transporting the same and disobeyed the traffic signal given by police officer in uniform, first information report was lodged by Sub-Inspector of Police Malaya Kumar Panda before the Inspector in Charge, Town Police Station, Bolangir and accordingly, Bolangir Town P.S. Case No.296 of 2013 was registered under section 20(b)(ii)(C) of the N.D.P.S. Act and section 179 of the Motor Vehicles Act.

(3.) The petitioner filed a petition under section 227 of Cr.P.C. before the learned Trial Court for discharge on the ground that no ganja was recovered from the vehicle in which the petitioner was travelling and contraband ganja was found from Honda City Gxi Car and the prosecution has failed to establish any link/nexus between the two vehicles. It was also contended that the owners of both the vehicles are different and there is no material on record to connect the petitioner with the ganja recovered from the other vehicle and therefore, there was no sufficient ground to proceed against the petitioner.