Radheshyam Singh vs State Of Orissa
2025 Latest Caselaw 7788 Ori

Orissa High Court

Radheshyam Singh vs State Of Orissa on 2 September, 2025

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                               CRA No.76 of 1994

             Radheshyam Singh                 ....   Appellant


                                      Mr. C.R. Swain, Advocate

                                   -versus-


             State of Orissa                  .... Respondent

Mr. S.J. Mohanty, ASC

CORAM: JUSTICE SIBO SANKAR MISHRA

Order ORDER No. 02.09.2025

16. 1. The present Criminal Appeal has been filed by one Radheshyam Singh challenging the order dated 10.12.1993 passed by the learned Sessions Judge, Koraput at Jeypore in S.C. No.94 of 1993 rejecting his application under Section 452 Cr. P.C. seeking release of the seized confiscated Ambasador Car.

2. One Jaya Prakash Singh was prosecuted for the alleged commission of the offence punishable under Section 20(b)(i) of the N.D.P.S. Act, 1985.

3. The background of the case is that one Jaya Prakash Singh was prosecuted for the above offence.

The prosecution alleged that on 30.12.1992, the accused was carrying contraband ganja in Ambasador Car bearing Registration No.MRH-4275 and he was apprehended by the police and 20 kgs. of ganja was being carried in the dicky of the said car was recovered from him. He was put to trial. Eventually, vide judgment and order dated 16.10.1993, the said accused has been convicted by the learned Sessions Judge, Koraput at Jeypore in Sessions Case No.94 of 1993.

4. The present appellant had moved an application under Section 452 Cr. P.C. for release of the said Ambasador Car bearing Registration No.MRH-4275 claiming to be the owner of the said car. However, vide impugned order dated 10.12.1993, the said application has been turned down.

5. Aggrieved by the said rejection order, the present Criminal Appeal has been filed.

6. Vide order dated 01.07.2025, a report was sought from the Superintendent of Police, Sambalpur regarding the wellbeing and whereabouts of the appellant. Pursuant to the said order, the report has been placed on record. At the instance of the IIC, Khetrajpur Police Station, the report dated 12.07.2025 has been filed. As per the said report, the appellant is not interested to prosecute the case anymore.

7. Having regard to the submission made by learned counsel for the appellant and learned counsel for the State and also the report dated 12.07.2025 filed by the IIC, Khetrajpur Police Station, nothing survives in this appeal.

8. Accordingly, the Criminal Appeal is disposed of.

(S.S. Mishra) Subhasis Judge

Designation: Personal Assistant

Location: High Court of Orissa, Cuttack. Date: 04-Sep-2025 10:30:49