MADHURI PRADHAN Vs. STATE OF ODISHA
LAWS(ORI)-2022-2-43
HIGH COURT OF ORISSA
Decided on February 18,2022

Madhuri Pradhan Appellant
VERSUS
STATE OF ODISHA Respondents


Referred Judgements :-

SUNDERBHAI AMBALA DESAI VS. STATE OF GUJURAT [REFERRED TO]
BASANTA KUMAR BEHERA VS. STATE OF ORISSA [REFERRED TO]
MADAN LAL VS. STATE NCT OF DELHI [REFERRED TO]
SUJEET KUMAR BISWAS VS. STATE OF UTTAR PRADESH [REFERRED TO]
SUBASH CHANDRA PANDA VS. STATE OF ORISSA [REFERRED TO]
B S RAWANT ASSTT COLLECTOR OF CUSTOMS BOMBAY VS. SHAIKH ABDUL KARIM [REFERRED TO]
BALABHADRA NAYAK VS. STATE OF ORISSA [REFERRED TO]
KISHORE KUMAR CHOUDHURY VS. STATE OF ORISSA [REFERRED TO]


JUDGEMENT

- (1.)Savitri Ratho, J . 1.I have heard Mr. P. Chandra Sejpada, learned counsel for the petitioner and Mr. Sibani Shankar Pradhan, learned Addl. Govt. Advocate for the State through hybrid mode.
(2.)This is an application under Sec. 401 read with Sec. 397 of Cr.P.C. challenging the order dtd. 20/8/2021 passed in Criminal Misc. Case No.9 of 2021 arising out of 2(a) C.C. Case No.12 of 2021 pending before the learned District and Sessions Judge -cum- Special Judge, Phulbani, rejecting the application of the petitioner filed under Sec. 457 of the Code of Criminal Procedure refusing to release the vehicle registered in her name which had been seized in 2(a) C.C. Case No.12 of 2021 registered for commission of offence punishable under Sec. 20(b)(ii)(C) of the N.D.P.S. Act.
(3.)The prosecution allegations in brief are that on 20/4/2021 at about 6.30 a.m., Inspector of Excise, Phulbani, Kandhamal and other excise staff while performing patrolling duty on the road in between Phulbani-Khajuripada, got information from reliable sources that the accused was transporting ganja in a white colour Mahindra Verito D-2 Diesel, K9K bearing registration No. OD-07-F-3599 and likely to pass through Khajuripada. The patrolling party rushed to the spot i.e. Khajuripada check gate and detained the vehicle. On being asked, the person in the vehicle disclosed his name as Manoj Kumar Pradhan. The vehicle was searched after observing formalities and a light yellow jerry bag containing 21 kgs of ganja was seized and the contraband ganja and the vehicle were seized. After completing investigation , the I.O submitted prosecution report against Manoj Kumar Pradhan .


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