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Orissa High CourtCRLMP/1259/2022disposed off

Chitrasen Parida v. State Of Odisha

2022-07-21Mr. Justice Biswajit Mohanty2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMP No.1259 of 2022 Chitrasen Parida ....

Petitioner Mr.B.Mohanty, Advocate -versusState of Odisha & others ....

Opp. Parties Mr. D.K.Mohanty, Additional Standing Counsel Mr.D.R.Bhokta, Central Government Counsel.

CORAM:

JUSTICE BISWAJIT MOHANTY Order No.

ORDER

21.07.2022 05.

1.

Heard Mr.B.Mohanty, learned counsel for the petitioner, Mr.D.R.Bhokta, learned Central Government Counsel and Mr.D.K.Mohanty, learned Addl. Standing Counsel. 2.

The petitioner has approached this Court praying for quashing of seizing/freezing order dated 30.3.2022 passed under Annexure-3 by Investigating Officer, Special Task Force, Bhubaneswar (opposite party No.4) and the order dated 28.4.2022 under Annexure-5 passed by Competent Authority and Administrator, SAFEM(FOP) A & NDPS, Kolkota (opposite party No.6) under Section 68F(2) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3.

Mr.Mohanty, learned counsel for the petitioner submits that being aggrieved by the impugned orders the petitioner has filed statutory appeal along with an interim application for stay before the Appellate Tribunal for forfeiture of property and the same has been registered as FPA ND No. 491/Kol of 2022.

// 2 // However the same has not been taken up for consideration. He further submits that since the Tribunal is practically not functioning, the petitioner has approached this Court. 4.

Upon instruction Mr.Bhokta, learned Central Government Counsel submits that four Members have already been appointed on 11.7.2022 to the Appellate Tribunal to deal with the appeal.

5.

In these circumstances, the CRLMP is disposed of without expressing any opinion on the merits of the case directing that till the petitioner's appeal and stay application are taken up for consideration by the Appellate Tribunal, the parties will maintain status quo in the subject matter of the impugned orders and the opposite parties shall not take any coercive action against the petitioner.

6.

Urgent certified copy of the order be granted on proper application.

kishore ( Biswajit Mohanty) Judge