BASANTA NAYAK @ ANANTA MALLI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This petition has been filed under Section 439, Cr.P.C. in connection with C.T. Case No. 64 of 2013 arising out of Gunupur P.S. Case No. 72 of 2013 now pending in the file of learned Sessions Judge-cum-Special Judge, Rayagada.

(2.) The petitioner is alleged to have committed offence punishable under Section 20(b) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS' Act').

(3.) Prosecution story is that the petitioner was carrying 24.5 Kgs. of Ganja in a Motorcycle bearing Registration No. AP-30-E-1475. Relying on the seizure list, it was submitted that the Ganja in question had been seized from the possession of the petitioner in presence of the witnesses, namely; Sri Dibakar Barik and Sri Bhaskar Rout. The quantity of Ganja seized is 24.5 Kgs, which is greater than the commercial quantity, i.e., 20 Kgs. specified vide Notification No. 1055 (E) Dated 19.10.2001 issued under Clauses (vii-a) and (xxiii-a) of Section 2 of the NDPS Act. Therefore, in view of Section 37 of the NDPS Act no bail may be granted to the petitioner.