TRILOCHAN KHORA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application under section 482 of the Code of Criminal Procedure filed by the petitioner Trilochan Khora to quash the impugned order dated 20.08.2018 passed by the learned Special Judge, Koraput, Jeypore in T.R. Case No.16 of 2018 in which the petition filed by the petitioner under section 91 of Cr.P.C. praying to direct the investigating officer for consideration of the C.C.T.V. footage installed in front of the house of the petitioner was rejected on the ground that the document or thing necessary or desirable for the defence of the accused cannot be entertained at the stage of instigation.

(2.) As it appears Boriguma P.S. Case No.68 of 2018 was instituted on 07.04.2018 on the first information report submitted by Karunakar Dharua, Sub-Inspector of Police of Boriguma police station on the accusation that on that day at about 5.30 a.m. the petitioner along with co-accused persons were carrying commercial quantity of ganja to the tune of 927.400 kgs. in a truck bearing registration no. CG-04-JB-4699 on NH 26 road near Petrol Pump, Jayantigiri which was seized. The petitioner was arrested on the spot. On such F.I.R., a case under sections 20(b)(ii)(C)/29 of the N.D.P.S. Act was registered.

(3.) During investigation of the case, a petition was filed by the petitioner under section 91 of Cr.P.C. for a direction to the investigating officer to consider the C.C.T.V. footage installed in front of the house of the petitioner. It is stated in the petition that on the date of occurrence i.e. on 07.04.2018 the petitioner was in his house till 8.30 a.m. which would be clear from the close circuit camera which was installed in front of the house of the petitioner situated in Down Street (Harijan Street) of village Umuri and therefore, the case of the prosecution that at about 5.30 a.m. on that day the petitioner was carrying contraband ganja in a truck and arrested at the spot is a fabricated story.