Dillip Kumbhar vs State Of Odisha .... Opposite Party(S)
2024 Latest Caselaw 398 Ori

Orissa High Court

Dillip Kumbhar vs State Of Odisha .... Opposite Party(S) on 8 January, 2024

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     CRLMC No. 1497 OF 2023

                 Dillip Kumbhar                  ....               Petitioner(s)
                                                      Mr. T. K. Sahu, Advocate
                                           -versus-

             State of Odisha                     ....          Opposite Party(s)
                                                       Mr. B. K. Ragada, AGA


                      CORAM: JUSTICE SIBO SANKAR MISHRA

                                          ORDER

08.01.2024 Order No.

02. 1. Heard learned counsel for the Petitioner and learned

counsel for the State.

2. The Petitioner invoked the jurisdiction of this Court under

Section 482 Cr.P.C. seeking quashing of the criminal prosecution

alleged against him for the offences under Section 20(b) (ii) (c) of

Narcotic Drugs and Psychotropic Substances Act, 1985 in G.R.

Case No.402 of 2015 pending in the Court of the learned Additional

Sessions Judge-Cum-Special Judge, Titilagarh.

3. It is alleged by the prosecution that on 26.08.2015 at about

6.00 P.M. the Police patrolling chased one Tata Sumo vehicle

coming from Belgaon side at a high speed. They also found one

motorcycle coming along with the Sumo vehicle. It is alleged that

although the police signaled both the vehicles to stop but they did

not stop and somehow they chased the vehicle and detained the

vehicle. But the driver of the Sumo vehicle managed to escape and

the motorcyclist also fled away from the spot. Only one Dillip

Nayak was apprehended from the spot and the contraband of 51 kg

220 gms of Ganja was recovered from his possession. Petitioner is

alleged to be one of the motorcyclists. Dillip Nayak disclosed the

name of the Petitioner.

4. Meanwhile Dillip Kumar Nayak faced the trial and vide

judgment dated 20.02.2018, the learned Additional Sessions Judge-

Cum-Special Judge, Titilagarh recorded an acquittal in favour of the

said accused Dillip Nayak. Learned trial Court recorded that there is

no credible evidence laid by the prosecution to prove the conscious

possession of the contraband from the accused. Therefore, the

accused Dillip Nayak was acquitted.

5. Subsequently, the Petitioner who was absconding was

apprehended and admitted to bail. On the strength of the acquittal

order recorded in favour of the co-accused, the present Petitioner is

seeking indulgence of this Court.

6. I am of the considered view that the Petitioner is not

entitled to any relief in so far as the present petition is concerned,

however, to meet ends of justice, I am of the opinion that the trial

Court should proceed with the trial as expeditiously as possible

preferable within three months.

7. With the aforementioned observation, the CRLMC is

disposed of.

                                                                    (S.S. Mishra)
                  Swarna                                               Judge








Location: High Court of Orissa