RAMAKRUSHNA PANDA Vs. STATE OF ODISHA

JUDGEMENT

(1.) Heard Mr. Anirudha Das, learned counsel for the petitioner and Mr. K.K. Nayak, learned Addl. Standing Counsel 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. 14/9/2021 passed in Criminal Misc. Case No.10 of 2021 arising out of T.R. No.49 of 2021 (Special G.R. Case No.126 of 2020) pending before the learned Sessions Judge -cum- Special Judge, Puri rejecting the application of the petitioner filed under Sec. 457 of the Code of Criminal Procedure refusing to release the OPPO Reno 2F Mobile Phone bearing IMEI (1) No.860527040855059 and (2) 860527040855042 registered in his name which had been seized in Special G.R. Case No.126 of 2020 registered for commission of offence punishable under Sec. 20(b)(ii)(C) of the N.D.P.S. Act. The prayer of the petitioner has been rejected on the primary ground that the phone was seized from the accused persons alongwith the contraband articles.

(3.) The prosecution in brief is that on 15/10/2020 at about 9.00 a.m. while the S.I. of Police of Town Police Station , along with his staff were conducting patrolling duty , they raided the house of the accused persons and recovered three plastic jerry bags containing total quantity of 32 kgs. 630 grams ganja and as the accused persons failed to produce any authority in support of such possession, the I.O. seized the same along with the mobile phones used for commission of the alleged offence, from the possession of the accused persons and on his information, a case was registered for commission of offences punishable under Sec. -20(b)(ii)(C) of the NDPS Act against one Sarat Kumar panda, Jagannath Panda, Laxminarayan Nanda and Jayakrushna Panda. After completion of investigation, chargesheet has been filed.