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High CourtsSingle Bench(2023) 05 OHC CK 0298

Samara Madkami vs State Of Odisha

Orissa High Court · Decided on 23 May 2023

HON’BLE JUDGES
Chittaranjan Dash, J
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 5543 Of 2023

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Judgment

8 paragraphs · 353 words

Chittaranjan Dash, J

1.

Heard learned counsel for the Petitioner and the State.

2.

This is an application for bail U/s.439 Cr.P.C. filed by the Petitioner in apprehension of arrest for his alleged involvement in the offences U/s. 20(b)(ii)(C) of NDPS Act in connection with Special T.R Case No.68 of 2023 arising out Orkel P.S Case No.72 of 2023 pending in the court of learned Sessions Judge-Cum-Special Judge, Malkangiri.

3.

Perusal of the FIR reveals that on 04.03.2023 while the police were on patrolling duty on the road of Katapalli, they noticed that three persons were standing near Katapalli Canal Bridge side road with some plastic sacks and with one Motor cycle. As they were standing secluded in the place with suspected articles the S.I. of the said Police Station along with his staff proceeded towards them. Seeing the Police personnel, all the three persons started running to escape. The Police chased them and could able to apprehend two persons while one escaped from the spot. On being asked regarding the plastic sacks they remained silent. The police detained those plastic bags from which the smell of ganja was coming out. The persons nabbed disclosed their names. They further disclosed that they had collected the ganja from the dealer named as Sonu of village Dabuguda and dumped there to avail vehicle to transport the said ganja to Hyderabad to sale. On verification by the police staff, they found 05 numbers of plastic sacks containing 150 Kgs of contraband ganja each which was recovered and seized.

4.

The Petitioner allegedly to have been implicated in the offence U/s. 20(b)(ii)(C) of NDPS Act wherein 149 K.G. of Ganja allegedly to have seized from his possession. He is being taken to custody on 04.05.2023.

5.

Having regard to the quantum of ganja seized and other allegations appearing against the present Petitioner, this Court does not find it to be a fit case for admitting the Petitioner to bail at this stage. However, the Petitioner may renew his application in case, the trial does not commence within six months.

6.

The BLAPL is disposed of accordingly.

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