PRIYANKA RAY Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Petitioner, by filing this Revision, assails an order dtd. 24/4/2023 passed by the learned 1st Additional Sessions Judge, Rourkela in Criminal Misc. Case No.04 of 2023.

(2.) Mr.P.K.Nayak, learned counsel for the Petitioner submits that this Petitioner is not an accused in the case, which is running against her husband and others on the allegation that they were carrying 262.250 grams of contraband heroin worth Rs.7,86,000.00 with live ammunitions and country made pistols. He further submits that the Fixed Deposit Receipts, which are said to have been seized from the scooties after detention has no connection with the commission of offences. He further submits that the Petitioner has nothing to do with the commission of offence under Sec. 21(c)/29 of the N.D.P.S. Act read with Sec. 25 of the Arms Act. He, therefore, submits that the Trial Court ought not to have rejected the prayer for release of those Fixed Deposits standing in the name of this Petitioner

(3.) Learned Additional Government Advocate, while opposing the move, submits that when those Fixed Deposit Reciepts have been seized after detention of the Petitioner and others, who were coming in the scooties carrying the contraband Heroin of commercial quantity, the Trial Court, in view of the provisions contained in the NDPS Act has rightly refused to accept the prayer as has been advanced by this Petitioner.