LAWS(ORI)-2023-5-90

DAYADAN HARIJAN Vs. STATE OF ODISHA

Decided On May 04, 2023
Dayadan Harijan Appellant
V/S
STATE OF ODISHA Respondents

JUDGEMENT

(1.) The matter is taken up through hybrid arrangement (virtual/physical mode).

(2.) The petitioner, by filing this revision, has called in question the legality and propriety of order dtd. 2/3/2023 passed by the learned Sessions Judge-cum-Special Judge, Nabarangpur in T.R.Case No.26 of 2021.

(3.) Learned counsel for the Petitioner submits that pursuant to the seizure of the contraband ganja from the vehicle, which was standing in front of the house of the Petitioner, the case has been registered and in course of investigation, house of the Petitioner being searched, cash of Rs.4,81,100.00 and gold ornaments weighing 64 grams have been seized. He further submits that as per the prosecution case the Petitioner and his son had brought the contraband ganja from accused Subash Bisoi and Subir Bisoi and it is said that accused Ramesh Mali and Hare Samarath were also involved in the transportation of said contraband ganja and they had escorted the vehicle from the starting point up to the house of the Petitioner where it being parked was searched. He submits that there was absolutely no justification for seizure of the cash and gold ornaments as those in no way concern with the alleged commission of the offence.