Allowed

Jharana Swain v. State of Orissa

Orissa HC17 Nov 2021CRLMC/718/2021

Case brief

AI extract

What is this about?

The High Court allowed the petitioner's application under Section 482 Cr.P.C. directing the learned authorized officer to conclude the pending confiscation proceedings under the Odisha Excise Act within two months to prevent further wear and tear of the seized vehicle, citing the rationale in Sunderbhai Ambalal Desai.

What did the court decide?

Direct the learned authorized officer to conclude the confiscation proceeding within two months from the date of production of certified copy of this order.

Jharana Swain Vs State of Orissa — Motor Accident Claims | Orissa HC (2021)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

CRLMC No. 718 of 2021

Jharana Swain

….

Petitioner

Mr. S.K. Dwibedi, Adv.

¶7

-Versus -

¶8

State of Odisha

¶9

….

¶10

Opposite Party Mr. P. Tripathy, Addl. Standing Counsel.

¶11

CORAM: JUSTICE SASHIKANTA MISHRA

ORDER_

17.11.2021

Order No.

This matter is taken up through hybrid mode.

¶17

Heard Mr. S.K. Dwibedi, learned counsel for the petitioner and Mr. P. Tripathy, learned Addl. Standing Counsel for the State.

¶18

The petitioner in the present application filed under Section 482 Cr.P.C. challenges the order dated 19.02.2021 passed by the learned Sessions Judge, Jajpur in Criminal Revision No. 1 of 2021, whereby the order passed by learned J.M.F.C., Chandikhole in rejecting the petition filed by the accused-petitioner for release of the vehicle under Section 457 of Cr.P.C. was confirmed.

¶19

The petitioner’s vehicle, i.e., Yamaha Fascino bearing registration no.OD-34-F-8375 was seized in connection with 2(a)CC Case No.48 of 2020 pending in the Court of learned J.M.F.C., Chandikhole corresponding to Inspector of Excise, Jajpur Range P.R. No. 05/2020-21 for the alleged commission

¶20

Page 1 of 1

¶21

of offence under Section 52(a) of the Odisha Excise Act, 2008. 5. The petitioner filed an application before the learned J.M.F.C. under Section 457 Cr.P.C. for release of the vehicle, but the same was rejected on the ground that the proceeding for confiscation of the vehicle had already been initiated. The petitioner carried the matter in revision to the Court of learned Sessions Judge, Jajpur. After considering the submissions made, and the statutory provisions, the learned Sessions Judge held that even though confiscation proceeding has not yet been concluded, the power under Section 457 Cr.P.C. cannot be exercised. As such, the order of learned J.M.F.C., Chandikhole was confirmed.

¶22

Mr. S.K. Dwibedi, learned counsel for the petitioner has argued that even though law provides for confiscating the vehicle and a procedure for the same has been elaborated under Section 71 of the Orissa Excise Act, such proceeding must be concluded within a reasonable time as otherwise the vehicle in question would be subjected to further wear and tear and in such event, the spirit of the ratio laid down by the Apex Court in the case of Sunderbhai Ambalal Desai vs. State of Gujarat, reported in (2002)10 SCC 283 shall become frustrated. As such, it is prayed that at least a direction may be issued to the authorized officer to conclude the confiscation proceeding within a reasonable period.

¶23

Mr. P. Tripathy, learned Addl. Standing Counsel fairly submits that the confiscation proceeding should be concluded within a reasonable period and should not be kept pending

¶24

Page 2 of 2

¶25

indefinitely.

¶26

Having regard to the submissions made above and the fact that it is always the intention to protect the vehicle from further wear and tear, it is directed that the learned authorized officer, before whom the confiscation proceeding relating to the Excise Case No.8 of 2020 is still pending, shall do well to conclude the proceeding as early as possible, preferably within a period of two months from the date of production of certified copy of this order.

¶27

CRLMC is accordingly disposed of.

¶28

Issue urgent certified copy as per rules.

¶29

( Sashikanta Mishra) Judge

¶30

A.K. Rana

¶31

Page 3 of 3

Jharana Swain v. State of Orissa

Case brief

What is this about?

What did the court decide?

Jharana Swain 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

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sasmita Naik Vs State of Odisha

Khagendranath Behera Vs State of Odisha

Papu @ Pravat Nayak Vs State of Odisha

Narayan Chandra Swain Vs State of Odisha

Narahari Roul Vs State of Orissa

Juel Senapati@Jayal Senapati Vs State of Orissa