Partly allowed

Susanta @Sushanta Kumar Malik v. State of Odisha

Orissa HC16 Dec 2021CRLMC/461/2021

Case brief

AI extract

What is this about?

The High Court disposed of a revision under Section 482 CrPC challenging the rejection of an application for release of a seized vehicle involved in liquor smuggling. The bench directed the Excise Officer to conclude confiscation proceedings expeditiously.

What did the court decide?

The confiscation proceedings under Section 71 of the Odisha Excise Act must be concluded by end of January 2022; otherwise, relief can be approached at the criminal court.

Susanta @Sushanta Kumar Malik Vs State of Odisha — Motor Accident Claims | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMC No. 461 of 2021

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Susanta @ Sushanta Kumar … Petitioner Malik

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Mr. S. Mishra, Advocate

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Versus -

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State of Odisha

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… Opposite Party

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Mr. S.K. Mishra, Addl. Standing

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Counsel

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CORAM: JUSTICE SASHIKANTA MISHRA

ORDER_

16.12.2021

Order No.

This matter is taken up through hybrid mode.

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

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In the present application filed under Section 482 Cr.P.C., the petitioner challenges the order dated 29.01.2021 passed by learned Addl. District and Sessions Judge, Bhadrak in Criminal Revision No. 13 of 2020, whereby, the order passed by the learned S.D.J.M., Bhadrak in Misc. Case No. 128 of 2020 (arising out of 2(a)CC No. 108 of 2020) was confirmed. By such order, the learned S.D.J.M., Bhadrak had rejected the prayer for release of the vehicle belonging to the petitioner.

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The facts of the case are that the petitioner is an accused in the aforementioned case in connection with which his motor cycle bearing Registration No. OD-22L-6807 was seized. The petitioner filed an application under Section 457 of Cr.P.C. before the learned S.D.J.M., Bhadrak, but vide order dated 27.01.2021 the same was rejected on the ground that the vehicle was carrying huge quantities of ID liquor and further

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confiscation proceeding under Section 71 of Odisha Excise Act, 2008 has already been initiated. The petitioner carried the matter in revision to the Court of Sessions by filing Criminal Revision No. 13 of 2020. The learned Addl. District and Sessions Judge, Bhadrak vide order dated 29.01.2021 after going through the report dated 17.12.2020 received from the Authorized Officer-cum- Supdt. Of Excise, Bhadrak found that the Confiscation Case No. 53 of 2020-21 has already been initiated against the vehicle in question after serving notice to the parties concerned. On such ground, the criminal revision was dismissed and thereby, the order passed by learned S.D.J.M., Bhadrak was confirmed.

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It is submitted by learned counsel for the petitioner that even though confiscation proceeding have been initiated yet the same is still pending as a result of which, the seized vehicle is being subjected to constant wear and tear.

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Learned Addl. Standing Counsel, on the other hand, submitted on instruction that in the confiscation proceeding, notice was issued to the parties and dates were fixed for hearing, but because of the pandemic situation, the matter could not proceed and is presently posted to 21.01.2022.

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Having regard to the submissions as above and keeping in view the spirit of the ratio laid down by apex court in the case of Sunderbhai Ambalal Desai vs. State of Gujarat, reported in (2002)10 SCC 283, this Court is of the considered view that the learned Authorized Officer should dispose of the proceeding as expeditiously as possible.

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The CRLMC is therefore, disposed of with direction to the learned Authorized Officer to conclude the confiscation proceeding as expeditiously as possible, preferably by end of January, 2022, failing which it shall be open to the petitioner to approach the concerned criminal Court for appropriate relief.

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CRLMC is accordingly disposed of.

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A.K. Rana

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( Sashikanta Mishra) Judge

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Susanta @Sushanta Kumar Malik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Susanta @Sushanta Kumar Malik v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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