Disposed¶34

Mv Debi (Imo 9616735) v. Union of India

Orissa HC4 May 2026CRLMP/229/2026

Case brief

AI extract

What is this about?

MV DEBI IMO 9616735 Asian Pacific Shipping Company Delhi; vessel detained at Paradeep since 22.12.2023; Superintendent of Customs (Preventive) Commissionerate Bhubaneswar; NDPS Act 1985 Sections 23, 25, 27-A, 28, 29; SPLGR (N) No. 65 of 2023; learned A.D.J. / Additional District and Sessions Judge Kujanga Jagatsinghpur; supplementary complaint final form filed 02.05.2026; chargesheet filing delay despite completed investigation 04.04.2026; direction to expedite conclusion of trial; no clue regarding identity of unknown accused persons; CRLMP No. 229 of 2026; Savitri Ratho; disposed on 04.05.2026.

What did the court decide?

Request to the learned trial Court to complete the proceeding as expeditiously as possible, following filing of the supplementary complaint (final form). ¶34

Mv Debi (Imo 9616735) Vs Union of India — Narcotics (NDPS) | Orissa HC (2026)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMP No. 229 of 2026

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MV DEBI (IMO: 9616735), owned by Asian Pacific Shipping Company, Delhi

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…. Petitioner

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Mr. Soumya Jyoti Biswal, Advocate

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-versus-

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1. Union of India, represented through Superintendent of Customs (Preventive), Commissionerate, Bhubaneswar

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2. State of Odisha represented through Home Department, Bhubaneswar

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…. Opp. Parties

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Mr. Jnyanananda Panda, CGC (O.P. No.1) Mr. Saroj Kumar Rout, Additional Standing Counsel (O.P. No.1)

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CORAM:

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HON’BLE MISS JUSTICE SAVITRI RATHO ORDER

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Order No.

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04.05.2026

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(Through hybrid Mode)

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1. The CRLMP has been filed with the following prayer:- “In furtherance of the facts stated, provisions of law canvassed and established jurisprudence of Indian Courts, the Petitioner prays:

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1. To admit this Writ Application and issue notice to the Opp. Parties;

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2. To direct the Opp. Party No. 1 to file the chargesheet within a stipulated period of time as per the discretion of this Hon'ble Court;

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Page 1 of 4

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3. To direct the Ld. Special Court, Kujang to conclude the trial vide SPLGR (N) No. 65 of 2023 within a stipulated period of three months or as expeditiously as this Hon'ble Court pleases;

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4. To pass any other orders as this Hon'ble Court may deem fit in the interests of law, justice and equity.

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And for this act of kindness this Petitioner

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shall forever in duty bound graciously pray.”

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In spite of the submission of the investigating authorities before the learned Court below on 17.04.2026, that the investigation had been completed and charge sheet shall be filed, charge sheet was not filed and on 23.04.2026, Mr. J.N. Panda, learned Central Government Counsel appearing on behalf of the Opposite Party No.1 submitted that although investigation has been completed by 04.04.2026, some formalities have to be complied with, before the supplementary complaint petition / charge sheet could be filed. So, the matter has been adjourned to enable the learned Central Government Counsel to enlighten the Court as what are the formalities to be complied with before filing of charge sheet, when admittedly investigation in the case has already been completed.

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Today, instructions dated 3^rd May, 2026 received by e-mail from the Customs (Preventive) Commissionerate, Bhubaneswar is produced before this Court by Mr. J.N. Panda, learned Central Government Counsel, where it has been stated that prior to file of

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Page 2 of 4

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the additional complaint in final form in the Court of the learned A.D.J., Kujanga, discussions were held on several occasions with counsels seeking opinion / suggestions in the case matter. Thereafter, the additional complaint / final form has been prepared and submitted in the Court of the learned A.D.J., Kujanga on 02.05.2026 and a copy of the ‘additional complaint in Final Form’ will be submitted to the Central Government Counsel tomorrow.

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Mr. J.N. Panda, learned Central Government Counsel further submits that the copy of the supplementary complaint (final form) under Sections 23, 25, 27-A, 28 and 29 of the NDPS Act, along with a memo has been e-filed by him today. As the same is not there on record, he produces a copy of the supplementary complaint (final form) dated 02.05.2026 for perusal of the Court. He submits that the same has been filed in the Court of the learned Additional District and Sessions Judge, Kujanga, Jagatsinghpur on 02.05.2026.

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Perusal of the final form reveals that after narrating the steps taken for investigation of the case, it has been stated at paragraph -17 as extracted below:-

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“17. In view of the above, this may be treated as Final form true u/s 23 (c), 25, 27A, 28 & 29 (1) of the N.D.P.S. Act, 1985 but no clue obtained regarding the identity of the unknown accused person(s) involved in the case and if any, clue emerges in future, then the case shall be reopened for further investigation.”

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Page 3 of 4

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Mr. Soumya Jyoti Biswal, learned counsel for the Petitioner submits that in view of the filing of the supplementary complaint (final form), a direction may be issued to the learned trial Court to conclude the trial within a stipulated time and submits that the ship has been detained in Paradeep since 22.12.2023.

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In view of the filing of the supplementary complaint (final form) stating that no clue was obtained regarding the identity of the unknown accused person(s) involved in the case, the learned trial Court is requested to complete the proceeding as expeditiously as possible.

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The CRLMP is accordingly disposed of.

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

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(Savitri Ratho) Judge

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Sukanta

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Signature Not Verified

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Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 04-May-2026 19:50:27

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Page 4 of 4

Mv Debi (Imo 9616735) v. Union of India

Case brief

What is this about?

What did the court decide?

Mv Debi (Imo 9616735) v. Union of India

Case brief

What is this about?

What did the court decide?

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What the court decided

Issues for consideration

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