LAMBODAR BAG Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner Lambodar Bag in BLAPL No.7337 of 2017 and his wife Jayanti Bag in BLAPL No.2717 of 2017 have filed these petitions under section 439 of Cr.P.C. seeking for bail in connection with 2(a) C.C. Case No. 02 of 2017 pending in the Court of learned Addl. Sessions Judge -cum- Special Judge, Patnagarh, Bolangir (hereafter 'trial Judge') in which prosecution report has been submitted against them under section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter 'N.D.P.S. Act') for illegal possession and transportation of 345 kgs. 40 grams of ganja.

(2.) The prosecution case, as per the prosecution report dated 26.09.2017 submitted by the Sub-Inspector of Excise, Patnagarh charge is that the petitioners were found to be in illegal possession and transportation of 22 numbers of jerry bags containing 345 kgs. 40 grams of ganja on 24.01.2017 at 9.30 a.m. near Mahadeb pond at Nehenabandh under Patnagarh police station in the district of Bolangir. They were arrested at the spot and forwarded to Court of learned trial Judge on the very day along with seized articles.

(3.) The bail application of petitioner Jayanti Bag was rejected by the learned trial Judge on 18.03.2017. The petitioner Lambodhar Bag filed an application under section 439 Cr.P.C. seeking for bail directly before this Court in BLAPL No.3976 of 2016 without moving first the learned trial Judge annexing the rejection order of the petitioner Jayanti Bag. The said petition was disposed of on 21.07.2017 as withdrawn.