Arjun Behera v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No.198 of 2022 Arjun Behera ....
Petitioner Mr. P.K. Rath, Advocate -versus- State of Odisha ....
Opposite Party Mr. K.K. Nayak, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
12.05.2022 01.
1.
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2.
Heard learned counsel for the petitioner as well as learned counsel for the State. Perused the records.
3.
The petitioner assails the order dated 14.09.2022 passed by the learned Additional Sessions Judge, Patnagarh in S.C. No.37 of 2021 in connection with Belpada P.S. Case No.123 of 2021 framing charge against the accused person under Sections 272/274/275/120B, I.P.C. rejecting the prayer of the petitioner under Section 451 of the Cr.P.C.
4.
It is submitted by learned counsel for the petitioner that the petitioner is the owner of one vehicle i.e. Mahindra TVS3000 Plus bearing Registration No.OD-03-R-5325, which was seized by the I.I.C., Balapada P.S. with the allegation of transporting of Eskuf cough syrup. It is further submitted that final prosecution report has already been submitted and the petitioner has not been arrayed as an
// 2 // accused. Learned trial court has rejected the application of the petitioner with the observation that the vehicle is liable for confiscation. It is also submitted that the question of confiscation would arise only after conclusion of trial and in a number of similar situation, the release of the vehicle has been allowed in favour of the registered owner, even though the owner is an accused. 5.
The vehicle was seized on 30.06.2021 and final prosecution report was submitted. It is also submitted that the vehicle would be lying exposed to sun and rain and would be likely to be damaged. Copy of the final prosecution report is placed before the Court to show that the petitioner is not an accused in the case. 6.
It is further submitted by learned counsel for the petitioner that similar case has been decided by this Court in the case of Basudev Singh vrs. State of Odisha decided on 31.03.2022 in CRLREV No.34 of 2022 and in the case of Ashish Ranjan Mohanty(Adv.) vrs. State of Odisha and others : reported in 2022 (I) OLR 555 wherein this Court directed interim release of the vehicle in favour of the person from whom seized. After taking note of several judgments, this Court had directed for release of the vehicle subject to certain terms and conditions.
7.
On the other hand, learned counsel appearing for the State submits that as the alleged Mahindra TVS3000 Plus was used during commission of the crime and the trial of the case has not yet been commenced as such prayed to reject the revision filed by the petitioner.
8.
Considering the submissions and the circumstances of the case, the impugned order is set aside and it is directed that the
// 3 // petitioner on filing a fresh application before the learned Additional Sessions Judge, Patnagarh in the aforesaid case, Additional Sessions Judge, Patnagarh shall consider the said application in the light of law laid down by this Court in Basudev Singh's case (supra) and Ashish Ranjan Mohanty (Adv.) (supra) shall interim release the vehicle bearing Registration No.OD-03-R-5325, in favour of the owner on such terms and conditions as has been indicated in the Basudev Singh's case (supra). It is also directed that an undertaking shall be obtained while releasing the vehicle in question to the effect that he will produce the vehicle before trial court as and when required for the purpose of trial.
9.
With the aforesaid observation/direction, the CRLREV is disposed of.
Urgent certified copy of this order be granted on proper application.
( A.K. Mohapatra ) Judge Jagabandhu