Disposed

Dambarudhar Sa v. State of Orissa

Orissa HC4 Dec 2021CRLMC/1124/2021

Case brief

AI extract

What is this about?

The High Court declined to interfere with an order confiscating a vehicle seized under the Odisha Excise Act as the statutory appeal was exhausted. However, it condoned the bar of limitation for filing an appeal into the Excise Commissioner's court if filed within seven days, directing speedy disposal.

What did the court decide?

The petitioner was allowed to file an appeal before the Excise Commissioner within seven days, with the limitation period condoned, and directed discharge of the appeal within two months.

Dambarudhar Sa Vs State of Orissa — Cheque Dishonour | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMC No. 1124 of 2021

Dambarudhar Sa

….

Petitioner

Mr. M. Chand, Adv.

-Versus -

State of Odisha

….

Opposite Party

Mr. S.K. Mishra, Addl. Standing Counsel

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CORAM: JUSTICE SASHIKANTA MISHRA

ORDER_

04.12.2021

Order No.

This matter is taken up through hybrid mode.

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Heard learned counsel for the petitioner and learned Addl.

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Standing Counsel.

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The petitioner in the present application filed under Section 482 Cr.P.C. challenges the order dated 02.03.2021 passed by the learned District Magistrate, Jharsuguda in Misc. Case No.15 of 2020, whereby, the vehicle seized in connection with Brajarajnagar P.S. Case No. 86 dated 09.03.2020 for the alleged commission of offence under Section 52(a) of Odisha Excise Act, 2008 was directed to be confiscated to the State and the concerned vehicle was directed to be put to auction. It is submitted by Mr. Manas Chand that this order is not tenable in the eye of law, inasmuch as the petitioner has not been permitted to compound his case by paying market value of the vehicle.

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It is however observed that the order passed by the Collector in confiscating the vehicle is appealable under

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Page 1 of 2

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Section 71(6) of the Odisha Excise Act, 2008. Sub-Section(6) of Section 71 of Odisha Excise Act provides as under:

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“ 71. Seizure of property liable to confiscation :–

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xx xx xx

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(6) Any person aggrieved by an order passed under Subsection (3) may, within thirty days from the date of such order, appeal to the Excise Commissioner, who shall after giving an opportunity to the parties to be heard, pass such order as he may think fit.”

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Xx xx xx

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In such view of the matter, this Court finds no reason to interfere in the impugned order. It is however, submitted that the limitation for filing appeal as provided under the statute is 30 days, which has already expired.

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Having regard to the fact that the petitioner was prosecuting the present application bonafide before this Court, if any appeal is filed, the delay in filing of the same shall be condoned by the appellate authority provided such an appeal is filed within seven days from the date of receipt of copy of this order. It is further directed that the appeal, if so filed, shall be disposed of as early as possible, preferably within a period of two months reckoned from the date of its filing.

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CRLMC is disposed of accordingly.

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Issue urgent certified copy as per rules.

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( Sashikanta Mishra) Judge

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A.K. Rana

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Page 2 of 2

Dambarudhar Sa v. State of Orissa

Case brief

What is this about?

What did the court decide?

Dambarudhar Sa v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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