Pranab Kumar Sahoo @ Pranab Sahu vs State Of Odisha
2023 Latest Caselaw 5460 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   CRLMC No.272 of 2023


            Pranab Kumar Sahoo @ Pranab Sahu             ....              Petitioner
            @ Pranab Seth @ Pintu
                                                      Mr. S.R.Mohapatra, Advocate

                                           -Versus-

            State of Odisha                              ....        Opposite Party

                                                               Mr. YSP Babu, AGA

                       CORAM:
                       MR. JUSTICE R.K. PATTANAIK

                                            ORDER

08.05.2023 Order No.

04. 1. Heard Mr. S. R. Mohapatra, learned counsel appearing for the petitioner and Mr. YSP Babu, learned AGA for the State- opposite party.

2. Instant petition under Section 482 Cr.P.C. is filed by the petitioner for quashing of the proceeding in connection with C.T. Case No. 14 of 2020 corresponding to Chakapada P.S. Case No. 18 of 2020 pending in the file of learned Additional District & Sessions Judge, Baliguda on the grounds stated therein.

3. A copy of the F.I.R. is at Annexure-1 and it shows that Chakapada P.S. Case No. 18 dated 21st April, 2020 was registered under Section 20(b)(ii)(c) and 29 of the NDPS Act.

4. Mr. Mohapatra, learned counsel for the petitioner submits that the investigation is still on in terms of Section 173(8) Cr.P.C. and in so far as the petitioner is concerned, he is likely to be falsely implicated despite being not involved in the alleged transportation of the contraband Ganja and is claimed that he was travelling in a motorcycle at the relevant point of time, whereas, the contraband

substance was being transported in a Pick Up van and a Bolero Truck which were intercepted by the local police. It is also submitted by Mr. Mohapatra that the petitioner cannot be implicated merely on the strength of a confessional statement or disclosure made by a co-accused and in that connection, cites a decision of the Apex Court in the case of State by (NCB) Bengaluru Vrs. Pallulabid Ahmad Arimutta and Another reported in 2022 SCC OnLine SC 47, wherein, one of its earlier judgment in Tofan Singh Vrs. State of Tamil Nadu (2021) 4 SCC has been referred to. With the above submission, Mr. Mohapatra, prays for quashing of the proceeding in connection with C.T. Case No. 14 of 2020 pending before the Additional District & Sessions Judge, Baliguda.

5. Mr. Babu, learned AGA for the State on the other hand submits that since further investigation is still in progress and not yet over, non-participation of the petitioner cannot be assumed by accepting the submission of Mr. Mohapatra, learned counsel for the petitioner even by referring to the judgment in Tofan Singh (Supra).

6. As per the submission of Mr. Mohapatra, the petitioner was not involved in the said case, which was detected by the local police. It is further submitted that some of the accused persons have been chargesheeted and not the petitioner but then he is likely to be roped in by the local police without any evidence. Whether the petitioner was a party to the illicit transportation of contraband Ganja or otherwise is factually based and a decision thereon cannot therefore be adjudicated upon for the purpose of quashing the proceeding pending before the learned court below. In so far as the judgment of Tofan Singh (Supra) is concerned, no doubt it has been held therein by the Apex Court that solely on the confessional statement of the co-accused recorded under 67 of the NDPS Act, a conviction cannot be sustained. However, such a question as to the involvement of the petitioner is to be considered taking into account the materials on record and evidence collected during

further investigation which is stated be still in progress. In other words, the Court is not inclined to entertain any such plea for quashing of the criminal proceeding on the ground so raised. However, the Court is of the view that the petitioner should surrender and cooperate in the investigation, as it is informed about an NBWA pending execution against him and apply for release to be considered by the Sessions court regard being had to the plea advanced referring to Tofan Singh (Supra).

7. Accordingly it is ordered.

8. Consequently, the CRLMC stands disposed of in the above terms.

9. A certified copy of this order be issued as per rules.

BALARAM Digitally signed by BALARAM BEHERA

BEHERA Date: 2023.05.09 19:47:13 +05'30' (R.K. Pattanaik) Judge Balaram