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2021 Supreme(Ori) 365

S.K.PANIGRAHI
Sanjit Jena @ Sanji – Appellant
Versus
State Of Odisha – Respondent


Advocates Appeared:
Akshaya Kumar Nayak, Advocate, T. Nayak, Advocate, Karunakar Nayak, Advocate

JUDGMENT

S.K. Panigrahi, J. - The petitioner has filed the instant application under Section 439 of CrPC seeking bail in connection with P.R. No.129/2018-19 dated 27.01.2019 corresponding to 2 (a) CC No.04 of 2019(N) pending before the Court of the learned Sessions Judgecum-Special Judge, Ganjam, Berhampur. The petitioner herein is the accused in connection with alleged commission of offences punishable under Section 20 (b) (ii) (C) of the N.D.P.S. Act.

2. The case of the prosecution is that Ganja weighing 94 kgs kept in four jerry bastas were recovered and seized from the possession of the present petitioners (Narayan Jena and Sanjeet Jena) while they along with two others were transporting the same AFR in one sleek silver coloured Hyundai Xcent VTVT car bearing registration No.OD-02AX-0206. The petitioners are in jail custody since 27.01.2019 (i.e., the date of their arrest).

3. Heard Mr. Akshaya Kumar Nayak, learned Counsel for the petitioners and Mr. Karunakar Nayak, learned Additional Standing Counsel for the State-opposite party and perused the case records.

4. Learned counsel for the petitioners Mr. Akshaya Kumar Nayak has contended that the court below has not properly examined

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