Rajesh Kumar Sahu VS State of Odisha

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

S. K. PANIGRAHI
Rajesh Kumar Sahu – Appellant
Versus
State of Odisha – Respondent

Advocates:
Counsel for the Parties:
For the Petitioner:Mr. Susant Kumar Lenka, Advocate
For the Opp. Party: Ms. Jyoshnamayee Sahoo, ASC

JUDGMENT

Dr. S.K. Panigrahi, J.—The Petitioner has filed this CRLREV challenging the order dated 01.08.2024 passed by the Learned Additional Sessions Judge, Phulbani in CRLMC No.06 of 2024. He further seeks a direction from this Court for release of his vehicle on appropriate terms and conditions, as deemed fit by this Court.

I. Case of the Prosecution:

2. The prosecution’s case can be summarized as follows:—

(i) On 30.03.2023, at 5:40 AM, the Phiringia Police Station received reliable information about individuals transporting contraband (ganja) in an auto-rickshaw. The suspect vehicle (Atul Passenger Auto, OD-12-B-6726) was intercepted near Kaliasahi and found to contain 78.7 kg of ganja in 11 carry bags.

(ii) The contraband was seized along with the vehicle and the case was registered under CT-59/2023 (Phiringia P.S Case No. 51 dated 30.03.2023). The accused, including Rajesh Kumar Sahu (the petitioner), were arrested under Sections 20(b)(ii)(C), 25, and 29 of the NDPS Act.

(iii) The vehicle was directly involved in transporting contraband, making it an instrument of crime. Under Section 52-A of the NDPS Act, vehicles used for transporting narcotics cannot be released to t