RABINDRA KUMAR BEHERA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The following question had been referred to the Division Bench by a learned Single Judge of this Court by a common order dtd. 23/8/2022 passed in CRLREV No. 346 of 2022, CRLREV No. 205 of 2022, CRLREV No. 253 of 2022, CRLREV 266 of 2022, CRLREV No. 353 of 2022 and CRLREV No. 356 of 2022 :-

(2.) This common order dtd. 23/8/2022 had been passed by the learned Single Judge while hearing the batch of criminal revisions which had been filed challenging the orders rejecting applications filed U/s. 457 of Cr.P.C., for release of vehicles, seized in connection with prosecutions under the NDPS Act, by the learned Courts below. Other criminal revisions involving similar question had also been tagged and listed before us alongwith CRLREV No. 346 of 2022, CRLREV No. 205 of 2022, CRLREV No. 253 of 2022, CRLREV 266 of 2022, CRLREV No. 353 of 2022 and CRLREV No. 356 of 2022.

(3.) We have heard Mr. D Panda learned amicus curiae, Mr. S.R. Mulia and Mr. Anupam Dash learned counsel and Mr. L. Samantray, learned Additional Government Advocate. The other counsel for the petitioners adopted the submissions of Mr. Panda, learned amicus curiae.