SURESHAN KANHAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) Heard Mr. S. Mishra, learned counsel appearing for the petitioner and Mr. S.N. Das, learned Additional standing counsel for the state.

(3.) The petitioner, who is facing trial in C.T. Case No. 78 of 2021 pending in the Court of District and Sessions Judge-cum- Special Judge, Kandhamal, Phulbani has filed this application under Sec. 482 of Cr.P.C. seeking to challenge the orders dtd. 24/4/2022 and 25/7/2022 passed by the Court below whereby cognizance of the offence under Sec. 20 (b)(ii)(c) of the NDPS Act was taken. Challenge to the order of cognizance is basically on the ground that the charge-sheet was submitted without the chemical examination report and therefore there is no prima facie proof of seizure of any contraband as alleged by the prosecution. Mr. Mishra has relied upon a number of case-laws including the case of MOHD. ARBAZ AND OTHERS VS. STATE OF NCT OF DELHI and two other decisions of the Punjab and Haryana High Court.