Orissa High Court
Nirmal Pravat Nayak vs State Of Odisha on 21 March, 2023
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.391 of 2022
Nirmal Pravat Nayak .... Appellant
Mr. D.P. Pradhan, Advocate
-versus-
1. State of Odisha
2. IIC, Dharmasala
Police Station .... Respondents
Mr. Manoranjan Mishra,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 21.03.2023
10. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
Heard learned counsel for the appellant and learned counsel for the State.
This criminal appeal under section 454 Cr.P.C., has been filed by the appellant Nirmal Pravat Nayak challenging the order dated 03.03.2022 passed by the learned Ad hoc Addl. Sessions Judge, (F.T.S.C.), I/C Jajpur, in Criminal Misc. Case No.01/ 2022, arising out of C.T. Spl. (POCSO) No.62 of 2021 in rejecting the petition filed by the appellant under section 452 Cr.P.C. for a direction to the Inspector in-charge of Dharmasala Police Station to release the seized property as per the seizure // 2 // list dated 16.02.2021 in connection with Dharmasala P.S Case No.74 of 2021 in the zima of the appellant.
The learned trial Court rejected the petition under section 452 Cr.P.C. mainly on the ground that at the time of passing the judgment, there was a direction to destroy the seized articles and therefore, no order can be passed in the petition under section 452 Cr.P.C.
Needless to say that the appellant faced trial in the Court of learned Ad hoc Addl. Sessions Judge, (F.T.S.C.), Jajpur in C.T. Spl. (POCSO) No.62 of 2021 for offences punishable under sections 294/500/506/376(2) (n) of the Indian Penal Code and read with section 66E and section 67 of the Information Technology Act and vide judgment and order dated 22.12.2021, the appellant was acquitted of all the charges with a direction that the seized articles be destroyed four months after the appeal period is over in case of no appeal is preferred. There is no material before this Court that the State of Odisha has preferred any appeal challenging the order of acquittal of the appellant.
This Court as per order dated 10.01.2023 called for a report from the learned Ad hoc Addl. Sessions Judge, (F.T.S.C.), Jajpur as to whether the seized articles have been destroyed in the meantime or not. The learned trial Court submitted its report dated 24.01.2023 wherein it is mentioned as follows:
"With reference to Hon'ble Courts order passed on Page 2 of 5 // 3 // 10.01.2023 in CRLA No.391 of 2022, I am to say that in obedience to the order of the Hon'ble Court, a report was called for from the I.I.C., Dharmasala P.S. and on submission of the said report, it is learnt that the seized articles i.e. one HP laptop vide No.S/NHS CD 8273W8B, Model HP 245-06, one San Disk pen drive of 5GB memory, one 2TB hard disk of Sengatga Company along with the data card, one Nokia Mobile phone model No.TA 1193, one Samsung J7 mobile phone having IMEI No.358158079450817/02 and 358159079450815/02 and one Nokia Keypad Mobile Phone were sent to S.F.S.L., Rasulgarh, Bhubaneswar for Chemical Examination in Dharmasala P.S. Case No.74/2021 on dt.24.03.2021, through the learned J.M.F.C., Chandikhol and the same were received at S.F.S.L., Rasulgarh vide Sl. No.1753 dtd.25.3.2021 and after examination of the seized items, the Director, S.F.S.L., Rasulgarh sent the Chemical Examination Report to the Court, but did not return the seized articles either to the Court or to Dharmasala Police station."
As per order dated 07.02.2023 passed by this Court, the Inspector in-charge of Dharmasala Police Station was directed to collect all the exhibits sent in connection with the aforesaid case from the Director, S.F.S.L., Rasulgarh, Bhubaneswar and submit the same before the learned trial Court on or before 20.02.2023.
Learned counsel for the State has produced the report dated 20.03.2023 received from the Addl. D.G.P. Page 3 of 5 // 4 //
-cum- Director, State Forensic Science Laboratory, Bhubaneswar wherein it is mentioned as follows:-
"In inviting a reference to the subject cited above, this is to intimate that Dharasala PS case No.74 dated 16-02-2021 U/s 294,500,506, 376 IPC Rw 66E 67 IT Act (CT No.259 of 2021) with 23 exhibits (13 biology - related exhibits and 10 cyber -related exhibits) was received in Biology Division of State FSL, Bhubaneswar on 25-03-2021. The case has been taken on priority basis after receipt of order of Hon'ble High Court of Orissa dated 07-02-2023 received on 06-03-21021 on Whatsapp from the mobile telephone of Ms. Sushamarani Sahoo, Addl. Standing Counsel. As on date the case is still under examination and the CE report in the case is expected to be ready within next 07 working days. The MOs along with the CE report will be submitted to the trial Court/S.P. Jajpur/IIC, Dharmasala PS immediately after the completion of the examination. It may be clarified that no CE report has been submitted to the trial Court as indicated in the report of the Trial Court which has been quoted in the orders of Hon'ble High Court dated 07-02-2023."
In view of such report furnished by the Director, S.F.S.L., Bhubaneswar, since the appellant has already been acquitted of all the charges by the learned trial Court and there is no necessity at present to prepare the chemical examination report, the Addl. D.G.P. -cum- Director, State Forensic Science Laboratory, Bhubaneswar shall hand over all the exhibits received in Page 4 of 5 // 5 // connection with Dharmasala P. S. Case No.74 dated 16.02.2023 to the Inspector in-charge of Dharmasala Police Station within a week from today. On receipt of the same, the Inspector in-charge of Dharmasala Police Station shall intimate to the learned trial Court and the learned trial Court shall verify the relevant seizure list and if it is found that those articles have been seized from the appellant, necessary order shall be passed for release of the articles in favour of the appellant by the Inspector in-charge of Dharmasala Police Station.
A copy of the order be communicated to the learned trial Court for compliance.
A free copy of this order be handed over to the learned counsel for the State to do the needful.
( S.K. Sahoo) Judge Sipun Page 5 of 5