Bapan Sarkar vs State Of Odisha
2023 Latest Caselaw 8609 Ori

                       IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 CRLMC No.1783 of 2023

Bapan Sarkar                                 .....                                   Petitioner
                                                                Mr.Haripad Mohanty, Advocate
                                             Vs.
State of Odisha                              .....                              Opposite Party
                                                                           Ms.S.Patnaik, AGA

                         CORAM:
                             JUSTICE SAVITRI RATHO

                                                    ORDER

04.08.2023 Order No. (Through hybrid mode)

04.

1. Heard Mr.Haripad Mohanty, learned counsel for the petitioner

and Ms.S.Patnaik, learned Addl. Government Advocate.

2. This application under Section 482 of Cr.P.C. has been filed by the

petitioner challenging the order dated 05.03.2021 passed by the learned

Special Judge, Baliguda in C.T. Case No.25 of 2020 taking cognizance of

offence punishable under Sections 20 (b) (ii) (C)/29 of the N.D.P.S. Act

arising out of K.Nuagaon P.S. Case No.30 dated 10.06.2020 and order

dated 31.05.2021 issuing N.B.W. and process under Sections 82 and 83

of Cr.P.C. against the petitioner and one Snehasis Sanyal in the same day.

Challenge to the order of cognizance is not pressed by Mr. Mohanty.

3. Copies of the order dated 22.11.2022 passed in ABLAPL

No.13640 of 2021 filed by the petitioner and ABLAPL No.13189 of

2021 filed by the co-accused-Snehasis Sanyal are produced by Mr.

Mohanty, learned counsel which are taken on record. He relied on the

decisions of the Supreme Court in the cases of M/s Neeharika

//2//

Infrastructure Pvt. Ltd.v. State of Maharashtra and others (2021)

SCC online SC 315 and Inder Mohan Goswami & Another vs. State

Bichi Of Uttaranchal & Others (2007) 12 SCC 1 to submit that NBW of

arrest should not have been issued against the petitioner mechanically

and NBW of arrest and process under Sections 82 Cr.P.C. and 83

Cr.P.C. could not have been issued on the same day.

4. Ms. S. Patnaik, learned Addl. Govt. Advocate submits that as

the petitioner had not turned up for investigation in spite of being

served notice under Section 160 of the Cr.P.C., NBW has rightly been

issued against him. She files the copy of the instructions of the I.O.

dated 03.08.2023 along with application filed by the I.O. before the

learned Special Judge praying for issuing of N.B.W. and process under

Sections 82 and 83 Cr.P.C., which are taken on record.

5. Hearing is concluded and judgment is reserved.

6. Notes of submissions, if any, shall be filed by learned counsel

for the parties by 08.08.2023.

(Savitri Ratho) Judge

Signature Not Verified Digitally Signed Signed by: BICHITRANANDA SAHOO Designation: Personal Assistant Reason: Authentication Location: ohc123 Date: 05-Aug-2023 18:59:52