Manu Kumar Deb vs State of Orissa

Pradip Mohanty, J.—Heard Mr. Sahoo, Learned Counsel for the Petitioner, and Mr. Pattnaik, Learned Additional Government Advocate.

This revision is directed against the order of rejection dated 9.8.2007 passed by the Learned A.C.J.M.-cum-Asst. Sessions Judge, Rourkela in S.T. Case No. 37/25 of 2007 rejecting the application of the Petitioner filed u/s 457 Code of Criminal Procedure for release of the vehicle (Tempo) bearing Registration No. OR-14-H-7384. The said vehicle has been seized by the OIC, Sector-7 Police Station, Rourkela on 19.1.2007 for its alleged envelopment in Sector-7 P.S. Case No. 6 of 2007 corresponding to G.R. Case No. 96 of 2007 and S.T. Case No. 37/25 of 2007 of the Court of the Learned ACJM-Cum-Assistant Sessions Judge, Rourkela registered u/s 5 of the Explosive Substance Act. The Petitioner as already stated, filed a petition u/s 457 Code of Criminal Procedure for release of the said Tempo in his favour, but the Learned A.C.J.M.-cum-Asst. Sessions Judge rejected the same without applying his judicial mind.

Learned Counsel for the Petitioner submits that the Petitioner is the registered owner of the vehicle. He has been falsely implicated in this case. He further submits that the vehicle is lying in the premises of Sector-7 Police Station, Rourkela being exposed to sun and rain. As a result, its condition is deteriorating day by day. His further contention is that by detaining the vehicle no fruitful purpose will be served. Therefore, the vehicle in question may be released in favour of the Petitioner in view of the ratio decided by the Hon''ble Apex Court in Sunderbhai Ambala Desai v. State of Gujarat, CLT (2003) Supp.Crl. 730 (SC): (2003) 24 OCR (SC) 444.

Mr. Pattnaik Learned Additional Government Advocate, on the other hand, submits that the vehicle in question is involved in a case u/s 5 of the Explosive Substance Act. Therefore, in the interest of justice, the same may not be released.

Perused the records. Considering the submissions made by the parties and keeping in mind the ratio decided by the Hon''ble Apex Court in the case of Sunderbhai Ambela Desai (supra), this Court directs the Learned A.C.J.M.-cum-Asst. Sessions Judge, Rourkela to release the vehicle (Tempo) in favour of it''s registered owner after verifying the R.C. Book and keeping from him of cash certificate of Rs. 15,000/- (fifteen thousand), property security of Rs. 50,000/- (fifty thousand), three coloured photographs of the Tempo and an undertaking to the effect that he shall not change the nature and character of the said Tempo or tamper with its chasis and engine number and shall produce the same as and when required by the Court.

The CRLREV is disposed of.

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

Crl. Rev. disposed of