PRADEEP BISWAS Vs. STATE OF ODISHA

JUDGEMENT

(1.) Invoking power of this Court under Sec. 482 of Cr.P.C. (hereinafter referred to the Code of Criminal Procedure) petitioner seeks to assail the order dtd. 9/4/2021 passed by the Learned Sessions Judge-cum-Special Judge, Malkangiri in T.R. No.98 of 2022, taking cognizance of offence under Ss. 20(b)(ii)(C)/27A/29 of the NDPS Act, 1985. Petitioner is one of the accused being charge sheeted. And the contraband seized is to the tune of 1318.250 kgs.

(2.) It is submitted by the learned counsel for the petitioner that entire allegation against the petitioner, accepting the charge sheet at its face value is one made under Sec. 29 of the NDPS Act and the sole basis of implication being co-accused statement and since there is no other credible material to connect accused with the offence the proceeding is liable to be quashed qua the petitioner. And, its continuance is an abuse of process of law.

(3.) In support of his contention learned counsel for the petitioner relied on the following judgment: Jyotiranjan Mohapatra v. State of Odisha - 2014 (I) OLR 761, judgment of the Apex Court in the much-celebrated case of Tofan Singh v. State of Tamil Nadu - (2020) Vol.80 OCR (SC) 641 and the Apex Court's decision reported in M/s. Pepsi Foods Ltd. and another v. Special Judicial Magistrate and others - AIR 1998 SC 128 and the judgment of the Madras High Court in the case of Mohammed Ashan v. The Senior Intelligence Officer, Directorate of Revenue Intelligence, Chennai-17 - 2007 SCC online Mad 978.