Dismissed

Sagar Maharana v. State of Orissa

Orissa HC18 Jul 2017CRLREV/428/2017

Case brief

AI extract

What is this about?

This revision petition assailed an order rejecting a petition for release of a vehicle. The Court held that a petition for release does not lie before the Magistrate when the vehicle was seized under the Bihar & Orissa Excise Act, 1915, and directed the petitioner to approach the Collector.

What did the court decide?

The revision petition was dismissed. The petitioner was directed to approach the Collector for interim release of the vehicle.

Sagar Maharana Vs State of Orissa — Property and Title | Orissa HC (2017)

¶1

18.07.2017CRLREV No.428 of 2017

¶2

 Heard the learned counsel for the petitioner and the learned counsel for the State.
 The petitioner in this revision petition assails the order dated 05.05.2017 passed by t
he learned S.D.J.M., Phulbani Misc. Case No.17 of 2017, arising out of C.T. Case No.94 of 2017
, rejecting his petition filed under Section 457 of Cr.P.C. to release his vehicle bearing reg
istration No.OR-12-8703.

¶3

 It appears that the prayer of the petitioner was rejected by the learned S.D.J.M., Phul
bani on the ground that the vehicle was seized in a case under Section 47(a) of the Bihar & Or
issa Excise Act, 1915 and the petitioner-owner is an accused therein, as such, the Court is no
t competent to release the same.
 Considering the facts and submissions made and the law in this regard, I see no illegal
ity or impropriety in the impugned order passed by the learned S.D.J.M., Phulbani, inasmuch as
 petition for release of the vehicle does not lie before the Magistrate in the facts situation
. Hence, this revision petition stands dismissed.
 However, it is open to the petitioner to approach the Collector concerned for interim r
elease of the vehicle in question and if such a petition is filed, the Collector concerned sha
ll consider and dispose of the same within fifteen days of receipt of certified copy of this o
rder keeping in mind the statutory provisions of the Bihar and Orissa Excise Act, 1915.
 Issue urgent certified copy as per rules.

¶4

 S.Pujahari, J.

¶5

Sagar Maharana v. State of Orissa

Case brief

What is this about?

What did the court decide?

Sagar Maharana v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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