JUDGEMENT
K.H.N. Kuranga, CJ. -
(1.)Heard both the counsels. This is an application under Sec. 439 Code Criminal Procedure filed by the applicant for grant of bail. He is the accused in Crime No. 53 of 2002 registered in Police Station Maudahapara, Raipur for the offence punishable under Sec. 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
(2.)The case of the prosecution is that on 27/02/2002 the applicant was found sitting with a suitcase on the platform of Vittal Mandir, opposite to Naveen Market, Raipur. The suitcase contained 5 Kgs 700 grams of Ganja which was seized by the Police.
(3.)Learned counsel for the applicant submitted that it is not stated in the Panchanama that the applicant was holding the suitcase and sitting on the platform of the temple. She further submitted that in the Panchanama it is written that the colour of the suitcase was light gray whereas in the complaint filed by the police officer it is written as brown. This gives rise to suspicion whether the applicant was in possession of the Ganja at all.
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