Revision petition challenging rejection of release of seized vehicle under Section 457 Cr.P.C. due to pending confiscation proceedings under Odisha Excise Act.
Petition to release the vehicle dismissed.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No.270 of 2022
Jagannath Behera
Petitioner
Mr. B. Sahoo, Advocate
-versus-
State of Odisha
…. Opp. Party
Mrs. Susamarani Sahoo Addl. Standing Counsel
Order No.
CORAM:
JUSTICE S.K. SAHOO
ORDER
02.08.2022
This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Heard learned counsel for the petitioner and
learned counsel for the State.
This revision petition has been filed challenging
the order dated 18.04.2022 of the learned S.D.J.M.,
Nayagarh in C.M.C. Case No.31 of 2022 in rejecting
the petition filed by the petitioner under section 457
of Cr.P.C. for releasing the vehicle i.e. Alfa Passenger
Auto bearing registration No.OD-25-E-2305 in his
favour.
The learned S.D.J.M., Nayagarh in the impugned order has been pleased to hold that as per the report submitted by the Investigating Officer,
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confiscation proceeding has been initiated against the aforesaid vehicle and it was further held that in view of the provision under section 72 of the Odisha Excise Act, the Court lacks jurisdiction to exercise the power under section 457 of Cr.P.C.
A detailed procedure has been laid down in the Odisha Excise Act, 2008 relating to the confiscation of the seized property which, inter alia, states about giving notice in writing to the person concerned from whom the property is seized informing him the
grounds on which it is proposed to confiscate such property, an opportunity of making a representation in writing within a reasonable time and a reasonable opportunity of being heard in the matter. Provision has also been made as to what the aggrieved party is to do, if the order is passed against him under subsection (3) of the said Act. Section 72 of the Odisha Excise Act states that it would override the provision of Cr.P.C. and when the Collector or the authorized officer or the appellate authority is seized with the matter of confiscation or any seized property under section 71, no Court shall entertain any application in respect of the said property and the jurisdiction of the Collector or the authorized officer or the appellant authority with regard to the disposal of the same shall be exclusive. Therefore, when the petitioner will be afforded with an opportunity in the confiscation
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proceeding to have to say and to contest the case, I find no illegality or impropriety in the impugned order. Accordingly, the CRLREV stands dismissed.
Urgent certified copy of this order be granted on proper application.
( S.K. Sahoo)
Judge
RKM
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1 issue framed by the court
Whether the court has jurisdiction under Section 457 Cr.P.C. to release a vehicle when confiscation proceedings under Section 72 of the Odisha Excise Act, 2008 have been initiated.
2 provisions across 2 enactments
Jagannath Behera
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
