JUDGMENT

S. K. SAHOO, J. - The petitioner Abhaya Parichha has filed this application under Section 439 Cr.P.C. for bail as his prayer for bail was turned down by the learned Addl. Sessions Judge -cum- Special Judge, Paralakhemundi in G.R. Case No. 27 of 2014 (A) vide order dated 08.04.2015.

2. On 19.07.2014 one Prabhansu Sekher Mishra, Sub- Inspector of Police, Adava Police Station lodged the First Information Report before the Inspector-in-Charge, Adava Police Station, District-Gajapati stating therein that on 19.04.2014 as per the direction of the Inspector-in-Charge, Adava Police Station, the informant along with other police staffs proceeded towards village Chudangapur to verify the authenticity of the information regarding transportation of contraband ganja. At about 8.30 a.m. the raiding party members noticed one Mahindra Max Pick Up Van bearing Registration No. OR-07-N-0849 was coming from village Chudangapur and moving towards Antarba side. Out of suspicion, they stopped the vehicle and found two persons inside the vehicle and there were four jerry bags from which acute smell of contraband ganja was coming out. The driver of the Van disclosed his name as Ramesh Raita and the other person disclosed his name as Pradeep Bira. On being interrogated by the police officials, accused Pradeep Bira disclosed that as per the direction of the petitioner, he procured ganja from the locality and packed the same in four jerry bags and transporting it to Chandiput to the house of the petitioner for commercial purpose. As the persons present in the Van failed to produce any authority regarding transportation of contraband ganja, observing all the formalities, the contraband ganja from inside the jerry bags were weighed by weighman in presence of two independent witnesses and S.D.P.O., R. Udayagiri and it was found in total to be 102 kg. 600 grams. Samples of ganja were drawn from each of the packets and the rest ganja were packed and sealed by the informant by using personal brass seal and keeping paper slips with signatures of witnesses and accused persons. As commercial quantity of ganja was found from the exclusive and conscious possession of co-accused Pradeep Bira and Ramesh Raika, FIR was registered against three persons namely Pradeep Bira and Ramesh Raika, who were found in the vehicle so also against the petitioner under Sections 20(b)(ii)(C) /25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter for short “N.D.P.S. Act”).

3. The Inspector-in-charge of Adava Police Station entrusted Mukesh Lakra, S.I. of Police to investigate the case. During course of investigation, the witnesses were examined, the seized exhibits were sent to Deputy Director, RFSL, Berhampur for chemical analysis. The chemical examination report indicated that the exhibits were found to contain fruiting and flowering tops of cannabis plant i.e. ganja. Though the Investigating Officer conducted several raids in the house of the petitioner to arrest him but he was not traced out and ultimately prayer was made before the learned Sessions Judge -cum- Special Judge, Paralakhemundi to issue non-bailable warrant of arrest against the petitioner. Superintendent of Police, Gajapati supervised the case and as prima facie evidence was found against the petitioner and two co-accused persons, charge sheet was placed against them on 30.09.2014 under Section 20(b)(ii)(C) /25/29 of N.D.P.S. Act.

4.The learned counsel for the petitioner Mr. Mohit Agarwal strenuously contended that there is no other material against the petitioner except the confessional statement of one of the co-accused before police which has no got no evidentiary value in the eye of law. He further contended that even though during course of investigation, on a number of occasions raids were conducted in the house of the petitioner but nothing incriminating was found from his house. The learned counsel further urged that the statement of co-accused Pradeep Bira that ganja was procured