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2023 Supreme(Ori) 207

SASHIKANTA MISHRA
Sk. Hussain – Appellant
Versus
State of Orissa – Respondent


Advocates:
Mr.D.P.Dhal, Sr. Advocate, for the Appellant; Mr.S.K.Mishra, for the Respondent. ;

JUDGMENT

Sashikanta Mishra, J.

When can a person said to be under arrest?

This is the question to be determined in the present application filed under Section 482 of Cr.P.C. The Petitioners are accused persons in Special Case No.280/2022 arising out of Sahadevkhunta P.S. Case No.352/2022 of the Court of learned Special Judge, Balasore under Section 21(c)/29 of the N.D.P.S. Act.

2. The brief facts of the case are that on 27th October, 2022, the I.I.C. of Sahadevkhunta P.S. received information that a drug deal is due to take place at a lonely place in Fuladi By-pass area of Balaosre Town. A raid was conducted after observing the required formalities and the present Petitioners were nabbed while carrying huge quantity of brown sugar. Other culprits managed to flee from the spot. On search being conducted of the accused persons, four packets containing 1101 gram of brown sugar was recovered, which was seized. After completion of the necessary formalities, the Petitioners were arrested and taken to the Police Station. On the next day, the accused persons were sent for medical examination and thereafter forwarded to the residential office of the learned Special Judge, Balasore.

3. A petition

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