Allowed

Sasmita Das v. State of Odisha(Vig.)

Orissa HC11 Nov 2021CRLMC/489/2021

Case brief

AI extract

What is this about?

In a criminal miscellaneous application, the High Court allowed the petitioner's request to de-freeze her bank locker. The court rejected the lower court's reasoning that defreezing would cause prejudice, noting that the vault's contents were already seized and inventoried. The locker is now permitted for operation subject to future production of seized ornaments.

What did the court decide?

The applicatioin under Section 482 Cr.P.C. is allowed; the impugned order is set aside; the petitioner's bank locker is allowed to be operated on the condition that she produces the seized ornaments a

Sasmita Das Vs State of Odisha(Vig.) — Orissa HC (2021) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMC No. 489 of 2021

Sasmita Das

….

Petitioner

Mr. G.M. Rath, Adv.

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-Versus -

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State of Odisha (Vig.) …. Opposite Parties

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Mr. M. Maharana, Addl. Standing Counsel (Vig.)

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CORAM: JUSTICE SASHIKANTA MISHRA

ORDER_

11.11.2021

Order No.

This matter is taken up through hybrid mode.

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Heard Mr. G.M. Rath, learned counsel for the petitioner and Mr. N. Maharana, learned Addl. Standing Counsel appearing for the Vigilance.

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In this application filed under Section 482 Cr.P.C., the petitioner challenges order dated 08.01.2021 passed by learned Special Judge, Vigilance, Cuttack in Criminal Misc. Case No. 03 of 2020 arising out of VGR No.54 of 2018 corresponding to Vigilance P.S. Case No.55 of 2018, whereby, the prayer of the petitioner to de-freeze her bank locker in the State Bank of India, OCHC Branch, Bhubaneswar was rejected.

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It is submitted that the aforementioned case has been instituted against one Dillip Kumar Das, husband of the petitioner. In course of investigation, the petitioner’s bank locker mentioned above was seized and the ornaments and

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the documents kept therein were inventoried and seized by the vigilance police, wherein the documents have been retained by the investigating agency and the ornaments have been handed over to the petitioner in Zima. However, the operation of the locker was frozen on the prayer of the investigating agency.

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An application was filed under Section 457 of Cr.P.C. by the petitioner in the Court below with a prayer to defreeze the bank locker. Learned Special Judge, Vigilance, Cuttack however, rejected the prayer on the ground that investigation is in progress and the source and acquisition of recovered gold and silver ornaments is yet to be unearthed by the investigating agency and further, defreezing the bank locker in question and allowing its operation would cause prejudice to the investigating agency.

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In view of the fact that the contents of the locker in question have already been seized, inventoried and handed over in zima, it is not understood how de-freezing the locker would cause prejudice to the investigating agency.

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Having regard to the submissions made, I am not inclined to accept the reasoning adopted by the learned court below. The CRLMC is therefore allowed. The impugned order is set aside. The locker standing in the name of the petitioner in State Bank of India, OCHC

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Branch, Bhubaneswar shall be allowed to be operated on the condition that the petitioner shall produce the ornaments received by her in zima as and when required in this case.

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CRLMC is disposed of accordingly.

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Issue urgent certified copy as per rules.

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A free copy of this order be handed over to Mr. M. Maharana, learned Addl. Standing Counsel for vigilance.

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( Sashikanta Mishra) Judge

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A.K. Rana

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Sasmita Das v. State of Odisha(Vig.)

Case brief

What is this about?

What did the court decide?

Sasmita Das v. State of Odisha(Vig.)

Case brief

What is this about?

What did the court decide?

What the court decided

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