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Judgment
D.Dash, J
CRLREV NO.407 OF 2023
The Petitioner, by filing this Revision, assails an order dated 24.04.2023 passed by the learned 1st Additional Sessions Judge, Rourkela in Criminal Misc. Case No.04 of 2023.
Mr.P.K.Nayak, learned counsel for the Petitioner submits that this Petitioner is not an accused in the case, which is running against her husband and others on the allegation that they were carrying 262.250 grams of contraband heroin worth Rs.7,86,000/- with live ammunitions and country made pistols. He further submits that the Fixed Deposit Receipts, which are said to have been seized from the scooties after detention has no connection with the commission of offences. He further submits that the Petitioner has nothing to do with the commission of offence under section 21(c)/29 of the N.D.P.S. Act read with section 25 of the Arms Act. He, therefore, submits that the Trial Court ought not to have rejected the prayer for release of those Fixed Deposits standing in the name of this Petitioner
Learned Additional Government Advocate, while opposing the move, submits that when those Fixed Deposit Reciepts have been seized after detention of the Petitioner and others, who were coming in the scooties carrying the contraband Heroin of commercial quantity, the Trial Court, in view of the provisions contained in the NDPS Act has rightly refused to accept the prayer as has been advanced by this Petitioner.
Taking into account the submissions made and on going through the well discussed order; in the facts and circumstances of the case and further keeping in view the provision of law holding the field, this Court finds no such illegality or impropriety with the said order meriting admission of the Revision.
In the result, the Revision Petition stands dismissed.
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