Dhaba named “Maa Dhaba” and that the said Ganja was being supplied there from to different destinations. Proceeding to the spot the excise staff found one Chandan Ram, owner of the said Dhaba and one Saroj Kumar Rout present there. On seeing the excise staff the said Saroj Kumar Rout fled away while Chandan Ram was detained. In course of search of the Dhaba six white colour jari basta (polythene bags) containing Ganja were found along with a black colour Bajaj Discover Motor Cycle bearing Regn. No.0R-02-AN-9366. The Ganja along with motor cycle was seized and the said Chandan Ram was arrested. In course of investigation, basing on the statement of Chandan Ram the involvement of Saroj Kumar Rout also came to light. Accordingly, the Prosecution Report No.53 of 201516 was submitted by the S.I. of Excise in the court of learned Special Judge, Athagarh. In course of further investigation, the owner of the motor cycle namely, Manoj Kumar Rout, i.e. the present Petitioner, was summoned by the I.O. to his office to explain his role in the alleged occurrence. But despite repeated summons, he did not appear. Since the registration certificate stood in the name of Manoj Kumar Rout and he avoided to appear despite repeated attempts made by the I.O., it was held that he was also involved in the offence and accordingly final prosecution report was submitted in the case on 21st January, 2016 adding him as an accused along with Chandan Ram and Saroj Kumar Rout. The Petitioner is aggrieved by his arraignment as an accused in the case and, hence, seeks quashment of the proceedings in so far as it relates to him.
