Judgment

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

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 Psycho-tropic Substances Act, 1985.

2. The case of the prosecution is that on 27-2-2002 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 panchnama that the applicant was holding the suitcase and sitting on the platform of the temple. She further submitted that in the panchnama 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 shown as brown and in the panchnama it is shown as light gray.

5. Having regard to the facts and circumstances of the case, I am of the opinion that is a fit case to admit the applicant to bail. The application 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 concer-ned Magistrate for his appearance before the said Court/trial Court or as and where so directed.

Parties are entitled for certified copy of this order.

Application allowed.