HC refuses to intervene in drug seizure case

Cuttack: The Orissa high court has refused to intervene against a trial court order on framing charges under the NDPS Act on the basis of a chargesheet filed without the chemical examination report against two persons accused in connection with seizure of brown sugar from their possession The two accused — Ajaya Mohapatra and Pramod Kumar Behera — sought quashing of criminal prosecution against them on the ground that a chargesheet filed without the chemical examination report is incomplete. The single judge bench of Justice Sibo Sankar Mishra, while disposing of the petition on Apr 8, said, “Whether a chargesheet without the chemical examination report is a complete chargesheet as contemplated under Section 173 CrPC or not is yet to be decided by the Supreme Court. But as it prevails today, there are conflicting views.”He added, “The issue is sub judice before the Supreme Court in Mohd. Arbaz and others vs State of NCT of Delhi case. Therefore, it would not be appropriate to take any view in this regard at this stage except to await the outcome of pending matters before the Supreme Court.” Petitioners’ counsel Devashis Panda pleaded that till the time the SC decides on its case, proceedings regarding the drug seizure should be kept in abeyance.But Justice Mishra said, “In so far as quashing of the entire criminal proceedings is concerned, I am of the considered view that the trial shall proceed at its own pace. However, no final order should be passed by the learned court below until the Supreme Court decides the issue as referred in Mohd. Arbaz and others vs State of NCT of Delhi case.”Justice Mishra further said, “I am of the view that on the basis of the materials available on record as of today, the petitioners should move appropriate application before the court below seeking regular bail under Section 439 CrPC and if such application is moved, the same shall be decided on its own merit.” The prosecution case against the petitioners is that both are alleged drug peddlers and have been supplying drugs to their partners in Puri for onward distribution among their clients. On Feb 3, 2023, they were were arrested by the police and 257.62 grams of brown sugar was recovered from their possession. The case is still pending before the special judge, Puri. The case registered at Baselisahi police station under NDPS Act is pending before the special judge, Puri.