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2022 Supreme(Ori) 96

A.K.MOHAPATRA
Atmaprakash – Appellant
Versus
State of Orissa – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. R.L. Pattnaik, Mr. E. Dash, Mr. M. Nandi
For the Respondent: Mr. P.C. Das, adv

JUDGMENT :

A.K. Mohapatra, J.

1. The present criminal revision filed under Section 401 Cr.P.C. is directed against the order dated 31.08.2021, passed by the learned Sessions Judge-cum-Special Judge, Malkangiri in T.R. Case No.103 of 2020 registered under Sections 20(b)(ii)C/27-A/29 of the N.D.P.S. Act, which arises out of Mathili P.S. Case No.130 of 2020 registered on 14.09.2020. In the impugned order dated 31.08.2021, learned Special Judge, Malkangiri has refused to grant default bail under Section 167(2) of the Criminal Procedure Code.

2. The factual backdrop of the case in gist is that one Raghunath Majhi, IIC of Mathili Police Station has drawn a plain paper FIR on 14.09.2020 inter alia alleging that while he was performing the patrolling duty at NH-326 with his team near Forest Check Gate, Govindapally at about 8.45 P.M. they saw one two wheeler and one four wheeler vehicle came back to back towards them in high speed from Govindapally side. On seeing the police team, the head lights of the vehicles were switched off at a little distance. On suspicious, the police team proceeded towards the vehicles. On seeing the police team, the occupant of both the vehicles started running tow

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