ORDER

K.H.N. Kuranga, CJ.— Heard both the counsels.

This is an application under Sec-tion 439 Cr.P.C. 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 Section 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, oppo-site 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.

4. It is not disputed on behalf of the learned counsel for the State/respondent that in the complaint the colour of the suitcase is show as brown and in the Panchanama it is shown as light gray.

5. Having regard to the facts and circumstances of the case, I am of the opinion that it is a fit case to admit the applicant to bail. The appli-cation is accordingly allowed. The applicant is directed to be released on bail on his executing a bond in sum of Rs. 5,000/- with two sureties for the like sum to the satisfaction of the concerned Magistrate for his appea-rance before the said Court/trial Court, or as and where so directed.

Parties are entitled for certified copy of this order.

Application allowed.