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Judgment
13 paragraphs · 296 wordsV. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in connection with Spl. G.R. Case No.88 of 2022, pending before the Court of the learned Sessions Judge-Cum-Special Judge, Malkanagiri, arising out of Orkel P.S. Case No.99 of 2022for alleged commission of offences under Sections 20(b)(ii)(C) of NDPS Act.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Special Judge, Malkangiri by order dated 21.04.2023 is the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the petitioner is in custody since 22.05.2022 on the allegation for possession of contraband(Ganja) to the tune of 481 Kg 600 grams.
Two persons were running away from the alleged places of occurrence out of which one was nabbed and that is the petitioner.
They found 16 number of bags containing the contraband as referred to hereinabove.
It is submitted by the learned counsel for the Petitioner since the sacks were seized from an open place, conscious and exclusive possession cannot be attributed to the petitioner.
Taking into account the conduct of the Petitiner as noted and there being no plausible explanation as to why the petitioner was found in the said spot in the wee hours of 23.05.2022, this Court is of the prima facie view that the allegation so far as the pettionr is well made out. Keeping in view the bar under Section 37(1) of NDPS Act, this Court is
Leave is granted to the Petitioner to renew his prayer at the later stage.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rules.
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