Rabindra Kumar Behera VS State of Odisha

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

CHAKRADHARI SHARAN SINGH, SAVITRI RATHO
Rabindra Kumar Behera – Appellant
Versus
State of Odisha – Respondent

Advocates:
Counsel for the Parties:
For the Petitioner:Mr. S. R. Mulia, Advocate, Mr. Devasish Panda, Amicus Curiae (In Crl.Rev.No. 503 of 2022), Mr. Anupam Dash, Advocate (In Crl.Rev.No. 555 of 2022 & batch)
For the Opp. Party: Mr. L. Samantary, A.G.A.

JUDGMENT

Savitri Ratho, J.—The following question had been referred to the Division Bench by a learned Single Judge of this Court by a common order dated 23.08.2022 passed in Crl.Rev. No. 346 of 2022, Crl.Rev. No. 205 of 2022, Crl.Rev. No. 253 of 2022, Crl.Rev. 266 of 2022, Crl.Rev. No. 353 of 2022 and Crl.Rev. No.356 of 2022:-

“to examine the question as to whether the provision under Section 457 of Cr.P.C. will have no application in a case of release of the vehicle seized under the N.D.P.S. Act during investigation or trial of the case.”

2. This common order dated 23.08.2022 had been passed by the learned Single Judge while hearing the batch of criminal revisions which had been filed challenging the orders rejecting applications filed U/s. 457 of Cr.P.C., for release of vehicles, seized in connection with prosecutions under the NDPS Act, by the learned Courts below. Other criminal revisions involving similar question had also been tagged and listed before us alongwith Crl.Rev. No. 346 of 2022, Crl.Rev. No. 205 of 2022, Crl.Rev. No. 253 of 2022, Crl.Rev. 266 of 2022, Crl.Rev. No. 353 of 2022 and Crl.Rev. No. 356 of 2022.

3. We have heard Mr. D Panda learned amicus curiae, Mr. S