Prakash Kumar Mohapatra vs State Of Odisha

Sashikanta Mishra, J

This matter is taken up through hybrid mode.

Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

This is an application under Section 482 of the Cr.P.C. The Petitioner is an accused in 2 (a) C.C. No.169//2023 pending in the Court of learned A.D.J, Salipur.

The Petitioner is aggrieved by order dated 22nd June, 2023 passed by learned S.D.J.M., Angul in C.M.C.No.79/2023 in rejecting the application filed by the Petitioner under Section 457 of Cr.P.C. for release of the seized vehicle. The Petitioner claims to be the owner of the motor cycle (Hero Honda Passion Pro) bearing Regn.No.0R-06J-4436, which was seized in connection with Excise Station, Angul No.II, P.R. No.1/2023-24 on the allegation of committing the offence punishable under Section 52(a)(i) of the Odisha Excise Act. The application was rejected on the ground that as per the report submitted by the I.O. on 30th April, 2023, confiscation proceeding in respect of the vehicle has already been initiated vide Confiscation Proceeding Case No.17/2023-24 and the I.O. has already produced the vehicle before the said authority. In view of the bar under Section 72 of the Odisha Excise Act, this Court finds no infirmity much less illegality in the order passed by the learned S.D.J.M., Angul so as to be persuaded to interfere with the same.

However, considering the fact that the vehicle is lying idle being subjected to vagaries of nature, the CRLMC is disposed of directing the Authorized Officer to expeditiously dispose of the Confiscation Proceeding No.17/2023-24 preferably, within three months from today. Further, the Petitioner shall cooperate for early conclusion of the proceedings.

Issue urgent certified copy on proper application.

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