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Dambarudhara Dash vs State Of Odisha
2025 Latest Caselaw 5049 Ori

Citation : 2025 Latest Caselaw 5049 Ori
Judgement Date : 18 March, 2025

Orissa High Court

Dambarudhara Dash vs State Of Odisha on 18 March, 2025

Author: G. Satapathy
Bench: G. Satapathy
    IN THE HIGH COURT OF ORISSA AT CUTTACK

                   CRLA NO.650 of 2024

   (An appeal U/S.374(2) of the Code of Criminal
   Procedure, 1973 against the judgment passed by
   Shri P.K. Sahoo, Addl. Sessions Judge-cum-Spl.
   Judge, Athagarh in Special Case No.05 of 2022/C.I.S.
   No.05 of 2023 arising out of Excise Mobile-II, Cuttack
   PR No.78 of 2022-23).

   Dambarudhara Dash                  ....      Appellant
                           -versus-
   State of Odisha                    ....   Respondent


   For Appellant       :     Mr. B.C. Ghadei, Advocate


   For                 :        Mr. S.K. Rout, Addl. PP
   Respondent

       CORAM:
                   JUSTICE G. SATAPATHY

  F DATE OF HEARING & JUDGMENT:18.03.2025 (ORAL)

G. Satapathy, J.

1. This criminal appeal by the convict is directed

against the impugned judgment dated 17.06.2024

passed by the learned Addl. Sessions Judge-cum-

Special Judge, Athagarh in Special Case No.05 of

2022 arising out of Excise Mobile-II, Cuttack P.R.

No.78 of 2022-23 convicting the appellant for

commission of offence punishable U/S. 20(b)(ii)(C) of

Narcotics Drugs and Psychotropic Substances Act,

1985 (in short, "the Act") and sentencing him to

undergo Rigorous Imprisonment (RI) for 10 years and

to pay a fine of Rs.1,00,000/- in default whereof, to

undergo RI for a further period of 1 year with benefit

of set off of pre-trial detention against the

substantive sentence.

2. The prosecution case in a nutshell is that on

23.07.2022 at about 4.30 A.M., while PW.4-Sanjeet

Barla, Inspector of Excise was performing patrolling

duty at Kuspangi road along with staff, received

reliable information that a Mahindra Bolero is coming

from Khuntuni side carrying Contraband Ganja and

accordingly, PW.4 reduced the said information into

writing and immediately informed the Superintendent

of Excise, Cuttack over phone. At about 5.15 AM,

PW.4 and staff noticed one Bolero jeep coming from

Khuntuni side and they accordingly, stopped the

vehicle near Banadurga Temple near Bali Chowk for

verification and found the accused driver-cum-convict

along with one packet on the seat of the driver and

two other packets on the middle seat of the vehicle

behind the driver seat. PW.4 then searched the bags

and recovered 21Kgs of Contraband Ganja each from

the three bags; all total 63Kgs of Contraband Ganja

in presence of witnesses. PW.4 accordingly, procured

one independent witness PW6-Satyajit Sahu and

seized the Contraband articles and arrested the

convict and produced him along with the seized

Contraband article before the learned Special Judge,

Athagarh. PW.4 also made prayer to the concerned

Court for drawing of sample and accordingly, the

samples were drawn and sent to the Excise Divisional

Laboratory, Central Division, Cuttack through PW.1-

Manmath Singh. Further, PW.4 also took up the

investigation of the case which culminated in

submission of Prosecution Report (PR) against the

convict for commission of offence punishable

U/S.20(b)(ii)(C) of the Act.

2.1. Finding prima facie materials, the learned

Special Judge, Athagarh took cognizance of the

offence U/S.20 (b) (ii) (C) of the Act and proceeded

further resulting in the trial in the present case, when

the convict pleaded not guilty to the charge for

commission of aforesaid offence. In the course of

trial, the prosecution examined altogether 06

witnesses, proved 21 documents under Exts.P-1 to 21

and identified Material Objects MO-I to MO-V

including the samples as against the oral evidence of

four witnesses DWs.1 to 5. In the course of trial, the

plea of the convict was denial simplicitor and false

implication. In addition, the convict also took a plea

in his statement U/S.313 of CrPC that on the relevant

day and time, while he was returning to Bhubaneswar

from Naktideol after dropping the passenger, he was

caught at Tangi Tollgate and the Excise staff

demanded Rs.30,000/- from him, but when he denied

they took Rs.20,000/- from his money purse, but

when he protested, they planted a false case against

him.

2.2. On conclusion of trial, after analyzing the

evidence on record upon hearing the parties, the

learned trial Court passed the impugned judgment

convicting the appellant and sentenced him to the

punishment indicated supra. Being dissatisfied with

the conviction and sentence, the convict has

preferred this appeal.

3. In the course of hearing, Mr. Bikram

Chandra Ghadei, learned counsel for the appellant,

however, strongly criticizes the impugned judgment

by arguing that not only the impugned judgment is

unsustainable in the eye of law, but also the same

has been rendered without appreciating the evidence

on record. It is further submitted by him that the

mandatory procedure of Sections 42 & 52-A of the

Act has not been complied with by the Excise

Officials, but ignoring such non-compliance, the

learned trial Court has proceeded to convict the

appellant. Mr. Ghadei also points out that the sample

was sent to the chemical laboratory on 23.07.2022,

but it was received by the Asst. Chemical Examiner-

cum-PW.5 on 25.07.2022 and the safe custody of the

sample was never established by the prosecution and

therefore, the prosecution case being suspicious and

tainted, the conviction together with sentence of the

appellant is violative of his right to liberty. It is also

argued by Mr. Ghadei that the brass seal which was

used in sealing the Contraband articles has never

been produced before the Court and there are

material contradictions in the evidence of witnesses

and therefore, the conviction of the appellant is

unsustainable and liable to be set aside. Accordingly,

Mr. Ghadei prays to allow the appeal by acquitting

the convict of the charge.

3.1. On the other hand, Mr. S.K. Rout, learned

Addl. Public Prosecutor, however, supporting the

impugned judgment submits that the recovery of

Contraband Ganja from the exclusive and conscious

possession of the appellant having been established

by the prosecution, no fault can be attributed to the

prosecution and the prosecution having duly complied

with the mandatory provisions of the Act, the

conviction of the appellant cannot be said to be

unsustainable in the eye of law. He further submits

that not only PW.4 has established the recovery of

Contraband Ganja from the exclusive possession of

the appellant, but also has established the

compliance of Sections 42 as well as 52-A of the Act

and, therefore, the appeal being unmerited is liable to

be dismissed. Accordingly, Mr. Rout prays to dismiss

the appeal.

4. After having considered the rival submissions

upon perusal of record, since the appellant

challenges his conviction not only for erroneous

appreciation of evidence, but also for non-

compliance of the mandatory provisions of Act, this

Court now embarks upon the oral testimony of the

witnesses to examine the legality of the conviction of

the appellant. In sequence, coming to the testimony

of witnesses, it is reminded that once again the

independent witness to the search and seizure has

become hostile to the prosecution case as it appears

from the evidence of PW.6 that on 23.07.2022, while

he was in his house, the staff of Excise Office,

Cuttack came and called him without assigning any

reason and he accompanied with him to the office of

Excise Department near the Krushak Bazar, Cuttack

and there the Excise staff gave him some forms and

asked to sign thereon and accordingly, he put his

signature on the papers as per their instruction. It

is, however, his categoric evidence that he does not

know anything more about the case. True it is that

the independent witness has not supported the

prosecution case and even his cross-examination by

the prosecution after declaring him hostile has yield

no result, but still then the prosecution can establish

its case against the accused through the evidence of

other witnesses.

5. PWs.1 to 3 are the three Excise Constables,

who had taken part in the raid along with PW.4 and

PWs. 2 & 3 have testified more or less alike, but

differently on materials point of recording

information by PW4, in the Court, however, their

evidence transpires that in the course of performing

patrolling duty at Kuspangi road, at about 4.30 A.M

PW.4 got information that a Bolero carrying Ganja is

coming and PW.4 sent the information record receipt

to the Superintendent of Excise through Constable

Gajanan Behera(PW.3) and they, accordingly,

detained the said vehicle bearing Regd. No.OD-15-

C-0900 and recovered the Contraband article, but

PW.1 being another Constable, who had

accompanied the patrolling party has testified in the

Court that in the course of patrolling, the Inspector

of Excise detected a case of Ganja and after

compliance of recovery and other procedure, at

about 4.15 PM, the Inspector directed him to

produce the collected sample before the Asst.

Chemical Examiner, Excise Divisional Laboratory,

Cuttack along with a command certificate. His

evidence, however, does not reveal about PW4

recording any information and sending a copy

thereof to immediate official superior, although he is

a member of raiding party. Further, the evidence of

PW2 does not transpire with regard to PW4

recording any information. On the other hand, PW3

who is also a member of raiding party deposed

about PW4 recording the information into writing

and submitting the same to Superintendent of

Excise. It is, therefore, very confusing inasmuch as

PWs. 1 to 3 has stated differently with regard to

recording of information and sending a copy thereof

to next higher official by PW4 and the evidence of

none of the witnesses ever reveal about sending a

copy of information to the official superior which is

mandatory in nature U/S. 42(2) of the Act.

6. This being the evidence of the official

witnesses accompanying PW.4, this Court now

considers it imperative to see the evidence of PW.4,

who has deposed before the Court that on the day

(23.07.2022) at about 4.30 AM when he along with

the staff were performing patrolling duty at

Kuspangi road, received a reliable information about

transportation of Ganja in a Mahendra Bolero which

is coming from Khuntuni side and he reduced the

information into writing at about 4.50 A.M. and

immediately informed the Superintendent of Excise,

Cuttack about the said information over phone and

he commanded the Excise constable-PW3Gajanan

Behera to produce the information record receipt

before the Superintendent of Excise. Accordingly,

PW.4 has exhibited the information so prepared by

him under Ext.P-14, but fact remains that Section 42

of the Act prescribes the procedure for taking down

the secret information received by the Excise official/

or officials referred to in that Section, however, such

information ordinarily be recorded in a book/diary

prescribed for it, but no such information has been

recorded by PW4 in any book/diary prescribed for it.

On the other hand, perusal of Ext.P-14 reveals that

information has been recorded on a printed form

under the heading "Information Recorded

Receipt" in which there are four sub-headings, such

as; (i) date and time of information record, (ii) place

of information recorded, (iii) name of the informer,

and (iv) information recorded by whom along with

another sub-heading without any number as

"recorded information". The evidence of none of the

witnesses has made it very clear about the recording

of information in a book, much less the evidence of

PW1 transpires nothing about receipt of information

by PW4 and reducing such information by him into

writing, whereas the evidence of PW2 does not

transpire about PW4 reducing the secret information

into writing, however, PW3 has testified that PW4

had received information of NDPS case and reduce

the same into writing. It is not to be forgotten that

PWs. 1 to 3 had accompanied PW4 at the time of

detection of the case, but all these witnesses had

spoken differently with regard to receipt of

information and reducing such information into

writing to prove compliance of Sec. 42 of the Act.

7. Be it noted, compliance of Section 42 of the

Act is not an empty formality and it is a mandatory

procedure prescribed for detection, search and

seizure of Contraband Articles on a particular

contingency and it lays down the procedure when

any officer referred to in Section 42 of the Act has

reason to believe either from personal knowledge or

information given by any person and taken down in

writing that any narcotic drug or psychotropic

substance, or controlled substance in respect of

which an offence punishable under this Act has been

committed or any document or other article which

may furnish evidence of the commission of such

offence or any illegally acquired property or any

document or other article which may furnish

evidence of holding any illegally acquired property

which is liable for seizure or freezing or forfeiture

under Chapter V-A of this Act is kept or concealed in

any building, conveyance or enclosed place, may

between sunrise and sunset enter into and search

any such building, conveyance or place, seize such

drug or substance and all materials used in the

manufacture thereof and any other article and any

animal or conveyance which he has reasoned to

believe to be liable to be confiscation under this Act

xx xxx xx and detain and search, and, if he thinks

proper, arrest any person whom he has reason to

believe to have committed any offence punishable

under this Act, provided further that if such officer

has reason to believe that a search warrant or

authorization cannot be obtained without affording

opportunity for the concealment of evidence or

facility for the escape of an offender, he may enter

and search such building, conveyance or enclosed

place at any time between sunset and sunrise

after recording the grounds of his belief. In this

case, the admitted evidence discloses that the

vehicle was detected after 5 AM, but it was not

clarified by the prosecution by leading clear and

cogent evidence that the detection and search of the

vehicle was done after sunrise and, therefore, taking

into the fact of detection of contraband in this case

at 5.15 AM, it can be said that the detection was

before sunrise and thus, PW.4 can search and detain

such persons without any warrant, after recording

his grounds of belief in terms of 2nd proviso to Sec.

42 of the Act, but in that event, he has to

mandatorily send the copy of the recording of

grounds for his belief to his immediate official

superior within 72 hours. True it is that PW4 has

exhibited one printed form filled up in handwriting

under Ext.P-11 towards proof of recording of

grounds for his belief to search the vehicle without

warrant, but the prosecution evidence never reveals

about sending a copy thereof to immediate official

superior with regard to searching the vehicle without

any warrant before sunrise as mandatorily required

U/S. 42(2) of the Act. In this case, the evidence of

PW.4 never reveals about the compliance of Section

42(2) of the Act because the copy of the information

which was taken down in writing should have been

sent to the higher authority, but the evidence of

PW.4 only reveals about sending of information to

the Superintendent Excise through PW.3.

8. Apropos the subject, compliance of Sec. 42

is mandatory and the legislature has incorporated

the provision of Sec. 42 of the Act to check the

interested and overzealous prosecution of innocent

person accused of offence under the Act and the

requirement of compliance of aforesaid provision is

in essence intended to prevent false accusation

against innocent person. However, there is no

straight jacket formula to prove the compliance of

Sections 42(1) and (2) of the Act, but looking at

the standard of proof in criminal prosecution and

the provision of Sec. 3 of the Indian Evidence Act,

1872 as to how a fact is considered to be proved,

the prosecution in this case is obliged to establish

that the empowered Officer on receipt of secret

information had reduced it into writing in the

concerned register or diary and prove such

writings through the concerned Officer either by

producing such original register or diary, but in

case such register/diary is not available or could

not be produced due to some valid reason(s), then

by producing a certified copy or an authenticated

extract copy of such entry, which is of course to be

established that such extract copy is duly

authenticated by the Officer making such entry.

Similarly, for compliance of Sec. 42(2) of the Act,

it is to be established that the copy of such entry

was in fact sent to the immediate Official superior

of the empowered Officer, but mere

saying/deposing in evidence about sending a copy

thereof is not sufficient to demonstrate compliance

of Sec. 42(2) of the Act and it must be more than

that. No inflexible guidelines can be prescribed for

prove of compliance of Sec. 42(2) of the Act, but

the mode of sending copy of secret information;

such as dispatch register, postal receipts, e-mail

copy would be considered a few for sending the

copy of it and additionally, prove of receipt/

delivery of it by or to official superior would lend

assurance for prove of sending of the copy since

sending a copy thereof as referred to in Sec.42(2)

of the Act is obviously meant for the knowledge of

superior Officers and the legislature has never

intended for mere sending copy of such

information without the same being received by

the superior Officer or delivery of it to him. The

aforesaid provision is enacted to prevent misuse of

the Act and thereby, sending a copy thereof to

immediate Official superior is obviously meant to

check the arbitrary use of power under the Act by

the empowered Officer. In this case, the testimony

of witnesses never discloses about sending of a

copy of the recording of grounds for his belief by

PW4 with regard for searching the vehicle and the

convict before sunrise without any warrant. In a

case of this nature, where the personal liberty of a

person is at a stake, which can be curtailed on

successful compliance of Sec. 42(2) of the Act, the

prosecution is required to bring all documents on

record and examine all the witness to prove the

compliance of Sec. 42/42(2) of the Act, however,

the prosecution cannot afford to leave any

document or witness, which would create a

genuine suspicion in proving the compliance of

Sec. 42 of the Act. In order to prove compliance of

Sec. 42(2) of the Act, the prosecution has proved

Ext. P-14, which of course only contains the

signature of Superintendent of Excise, but nothing

has been endorsed to show that the

Superintendent of Excise had in fact received the

same. Further, no one is examined from the Office

of Superintendent of Excise about receipt of Ext. P-

14 nor has any document or Receipt Register been

proved to establish the compliance of Sec. 42(2) of

the Act and in absence of such proof, a genuine

suspicion arises in the mind of the Court.

9. In regard to compliance of Sec. 42 of the Act,

this Court considers it to be useful to refer to the

decision in Karnail Singh Vrs. State of Haryana;

(2009) 8 SCC 539, wherein a constitutional Bench

of five Judges of Apex Court in paragraph-35(a) to

(d), which are very much relevant for this case, has

held as under:-

"35. In conclusion, what is to be noticed is that Abdul Rashid did not require literal compliance with the requirements of Sections 42(1) and 42(2) nor did Sajan Abraham hold that the requirements of Sections 42(1) and 42(2) need not be fulfilled at all. The effect of the two decisions was as follows:

(a) The officer on receiving the information of the nature referred to in sub-section(1) of Section 42 from any person had to record it in

writing in the register concerned and forthwith send a copy to his immediate official superior, before proceeding to take action in terms of clauses (a) to (d) of Section 42(1).

(b) But if the information was received when the officer was not in the police station, but while he was on the move either on patrol duty or otherwise, either by mobile phone, or other means, and the information calls for immediate action and any delay would have resulted in the goods or evidence being removed or destroyed, it would not be feasible or practical to take down in writing the information given to him, in such a situation, he could take action as per clauses (a) to (d) Section 42(1) and thereafter, as soon as it is practical, record the information in writing and forthwith inform the same to the official superior.

(c) In other words, the compliance with the requirements of Sections 41 (1) and 42(2) in regard to writing down the information received and sending a copy thereof to the superior officer should normally precede the entry, search and seizure by the officer. But in special circumstances involving emergent situations, the recording of the information in writing and sending a copy thereof to the official superior may get postponed by a reasonable period that is after

the search, entry and seizure. The question is one of urgency and expediency.

(d) While total non-compliance with requirements of sub-sections (1) and (2) of section 42 is impermissible, but delayed compliance with satisfactory explanation about the delay will be acceptable compliance with section

42.xx xx xx"

10. Further, the evidence never discloses

the time when the information was received nor

such information has been stated in any diary, so

also names of the persons who refused to be a

witness to the search and seizure has not been

recorded and nothing brought on record to show

that the provision of Sec. 42 of the Act was

substantially complied with. Further, there is

absolutely no evidence to suggest that the copy of

the grounds of belief to search without warrant

before sunrise which was stated to be taken down in

writing by PW4 has been sent to official superior.

Thus, the prosecution has not been able to prove

compliance of mandatory provision of Sec. 42 of the

Act which by itself renders prosecution of the

appellant vulnerable. In the aforesaid facts and

circumstance and on a conspectus of evidence on

record, this Court neither found any information

recorded by PW.4 in any prescribed book nor was a

copy thereof sent to the higher authority within 72

hours which is mandate of Section 42(2) of the Act.

Accepting for a moment but not admitting the

information taken down in writing under Ext.P-14 as

the compliance of Section 42 of the Act, it appears

that a copy thereof has never been sent to the

immediate higher authority. Except Ext.P-14, there

is no other proof regarding compliance of Section 42

of the Act and this Court, therefore, considers it not

proper to accept Ext.P-14 towards compliance of

Section 42 & 42(2) of the Act.

11. Adverting to the sampling, it appears that

PW.4 has testified that he sealed those packets by

putting his personal brass seal marks and handed

over the brass seal to the independent witness-

Satyajit Sahoo by executing zimanama, but PW.6-

Satyajit Sahoo has disowned the same about

receiving any brass seal. The testimony of PW.4

further transpires that he prayed the Court for

drawing of sample and by order of the learned

Special Judge, Athagarh, he produced the seized

articles before the learned S.D.J.M., Athagarh for

collection of sample and the learned S.D.J.M.,

Athagarh collected the sample in two packets

containing 50Grams each from the 3 packets and

marked the sample packets with letter A-1, A-2; B-

1, B-2 and C-1, C-2 respectively and thereafter, the

learned S.D.J.M., Athagarh, handed over the sample

packets along with the forwarding report for

production of the same before the Excise Divisional

Laboratory, Cuttack and he(PW4) sent the sample

through constable Manmath Singh(PW.1) to the

Central Divisional Laboratory, Cuttack on the very

same day i.e. 23.07.2022. Section 52-A of the Act

provides the procedure for disposal of seized

narcotic drugs and psychotropic substances and

Section 52-A(2) of the Act provides that in case the

officers referred to in Section 53 of the Act makes an

application to any Magistrate for the purpose of

certifying the correctness of the inventory so

prepared; or taking, in the presence of such

Magistrate, photographs of such drugs or substances

and certifying such photographs as true; or allowing

to draw representative samples of such drugs or

substances, in the presence of such Magistrate and

certifying the correctness of any list of samples so

drawn, the Magistrate shall, as soon as may be,

allow the application. In this case, there is hardly

any evidence with regard to certification of the

correctness of any list of samples so drawn. Further,

the evidence of PW1 discloses that PW.4 detected a

case of Ganja and after compliance of recovery and

other procedure at about 4.15 PM, PW.4 directed

him to produce the collected samples before the

Asst. Chemical Examiner, Excise Divisional

Laboratory, Cuttack along with a command

certificate. The evidence of PW.1 never discloses

that the samples were drawn in the presence of

learned S.D.J.M., Athagarh or the learned S.D.J.M.,

Athagarh has drawn any sample. The only evidence

forthcoming from PW.1 is that he collected the

sample from Inspector of Excise from the place of

detection which is contrary to the evidence of PW.4

that the samples were handed over to PW.1 after it

was drawn by the learned S.D.J.M., Athagarh.

Additionally, PW.5-Asst. Chemical Examiner has

stated in his evidence that on 25.07.2022, he

received the sample, but the sample was admittedly

collected and sent on 23.07.2022. What cannot be

lost sight of is that PW.5 has admitted in his cross-

examination that he received the sample packets

from PW.4 instead of PW.1. Besides, the evidence of

PW.1 transpires that on his arrival on 23.07.2022,

the Excise Divisional Laboratory was closed and he

informed PW.4 about the fact and PW.4 accordingly

communicated to PW.5 over phone and as per his

instruction, he returned back with the sample to the

office and kept it in the Excise Malkhana and as the

next day was Sunday, on Monday i.e. on 25.07.2022

at 10.30 A.M., PW.1 produced the sample before

PW.5. Had it been a fact, what prevented PW.4 not

to disclose the same in his evidence nor had any

evidence been led by the prosecution to prove that

the sample so collected by the learned S.D.J.M.,

Athagarh on 23.07.2022 was in safe custody till it

was produced before PW.5 on 25.07.2022

eliminating tampering or suspicion. The aforesaid

evidence gives a glue picture of the prosecution

about not being able to establish the safe custody of

the sample nor was it established that the samples

were not tampered which assumes significance in

view of the fact that the brass seal used in sealing

sample at the spot was not produced in the Court.

Accordingly, the safe custody of the sample is found

to have not been established by the prosecution. It

is also admitted by PW5 that he received the

samples from PW4 on 25.07.2022, but the

consistent case of the prosecution is that samples

were sent to PW5 through PW1 who admitted that

the samples were kept in Excise Malkhana, however,

no document was produced by the prosecution to

show that the samples were kept in Malkhana from

23.07.2022 to 25.07.2022. The evidence of PW4,

however, transpires that the samples were collected

by the learned SDJM and handed over to PW4 on

23.07.2022, but there is no evidence to show that

the samples were handed over in sealed condition to

PW4. Further, the chemical examination report does

not reveal with whose seal the samples were sealed,

although it has been stated therein that the seals

are intact and identical with the specimen seal given

on the forwarding memo of the Court. It is,

therefore, very clear that the prosecution has not

been able to establish the safe custody of the

sample packets during its transit from the Court on

23.07.2022 to 25.07.2022 when it were produced

before PW5.

12. In view of the aforesaid facts and

circumstance and taking into account the admitted

evidence on record, this Court hardly find the

prosecution to have led clear, cogent and reliable

evidence to prove the safe custody of the samples

so also compliance of Section 42 of the Act beyond

all reasonable doubt and thereby, the only

consequence emerges is that the prosecution is not

successful in establishing its case against the

appellant-convict beyond all reasonable doubt.

13. In the result, the appeal stands allowed on

contest, but in the circumstance there is no order as

to costs. Consequently, the impugned judgment of

conviction and order of sentence dated 17.06.2024

passed by the learned Addl. Sessions Judge-cum-

Special Judge, Athagarh are, hereby, set aside.

14. It is stated at the Bar that the appellant

is in custody and he, thereby, be set at liberty

forthwith, if his detention is not otherwise required

in any other case.

15. Since the appellant is in jail custody,

warrant of release on appeal in Form No.(M)78 of

GR & CO, (Criminal) Vol-II be immediately sent to

the Officer-in-charge of the concerned jail through

e-mail or any other faster communication mode in

view of the Rule 155 of the GR & CO,(Criminal)

Vol-I.

(G. Satapathy) Judge

Orissa High Court, Cuttack, Dated the 18th day of March, 2025/S.Sasmal

Location: High Court of Orissa

 
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