(An Application Under Articles 226 & 227 ... vs State Of Odisha & Others ... Opposite ...
2025 Latest Caselaw 3071 Ori

Orissa High Court

(An Application Under Articles 226 & 227 ... vs State Of Odisha & Others ... Opposite ... on 29 January, 2025

Author: G. Satapathy

Bench: G. Satapathy

       IN THE HIGH COURT OF ORISSA AT CUTTACK
                     CRLMP No.77 of 2025

      (An application under Articles 226 & 227 of the
      Constitution of India).
      Sauri Nahak                      ...                     Petitioner
                               -versus-

      State of Odisha & Others         ...           Opposite Parties

      For Petitioner             :         Mr. A.K. Barik, Advocate

      For Opposite Parties       :            Mr. R.B. Mishra, AGA


          CORAM:
                    JUSTICE G. SATAPATHY

  F       DATE OF HEARING & JUDGMENT:29.01.2025(ORAL)

G. Satapathy, J.

1. The petitioner by way of this CRLMP has

invoked the extraordinary jurisdiction of this Court

under Articles 226 & 227 of the Constitution of India

seeking for a direction to OP No.2 to defreeze his

account vide A/C No. 40321261788 maintained at

State Bank of India, Khalikote Branch which has been

freezed in connection with FIR in Tambaram

Prohibition Enforcement Wing (PEW) Criminal Case

No.372 of 2022 dated 23.09.2023 for commission of

offence punishable U/Ss. 8(c)/20(ii)(b)(B)/29(1) of

NDPS Act.

2. In relying upon a decision of this Court in

Maa Kuanri Transport vs. State of Odisha;

(2023) Supp.-I OLR 473, Mr. A.K. Barik, learned

counsel for the petitioner submits that necessary

direction may kindly be issued to OP No.2 to defreeze

the account of the petitioner because merely on the

allegation of somebody, the account of the petitioner

has been freezed. On the contrary, Mr. R.B. Mishra,

learned AGA opposes such prayer of the petitioner.

3. After having considered the rival submissions

upon going through the material placed on record, it

appears that the account of the petitioner has been

freezed in connection with a criminal case instituted

in the State of Tamilnadu vide FIR in Tambaram

Prohibition Enforcement Wing (PEW) Criminal Case

No.372 of 2022 dated 23.09.2023 for commission of

offence punishable U/Ss. 8(c)/20(ii)(b)(B)/29(1) of

NDPS Act and accordingly, the Inspector of Police,

PEW (Prohibition Enforcement Wing) of Tambaram

Unit has issued a letter to the Manager of State Bank

of India, Kundrathur Branch, Chennai which was

submitted to State Bank of India, Khalikote Branch

for freezing the Account No.40321261788 belonging

to the petitioner. Accordingly, the account of the

petitioner has been freezed. In the aforesaid context,

the petitioner instead of moving the said Court having

jurisdiction over the criminal matter has directly

approached this Court to defreeze the account

without producing any scrap of paper of the said

case, but it is found from Annexure-1 as submitted by

the petitioner that the investigation of the criminal

case as referred to, the account holder(petitioner)

has earned money in drugs related offences and,

therefore, this Court is also put in dark by the

petitioner by not producing a single scrap of paper of

the criminal case. It is no doubt true that the learned

counsel for the petitioner has relied upon the decision

in Maa Kuanri Transport (supra), but the same

case having rendered in an application U/S.457 of

CrPC is not applicable to this case at hand.

4. In the result, the CRLMP being not

maintainable before this Court stands dismissed.

(G. Satapathy) Judge

Orissa High Court, Cuttack, Dated the 29th day of January, 2025/S.Sasmal

Location: High Court of Orissa