Revision against order rejecting application for release of seized vehicle. Court held extreme weather conditions warrant release and remanded matter for reconsideration in terms of cited precedent.
Order dated 23.12.2020 set aside; matter remanded to release vehicle if undertaking against illegal use obtained.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV No.54 of 2021
Durga Prasad Tandi
…. Petitioner Mr. Bikram Chandra Ghadei, Advocate
-versus-
State of Odisha
…. Opposite Party Mr. M.K. Mohanty, ASC for State
CORAM: JUSTICE A.K.MOHAPATRA
ORDER
12.05.2022
Order No.
Page 1 of 3
// 2 //
No.CG-13C-1698. He further submits that the vehicle has been used for the purpose of robbery from the trucks without knowledge and consent and that after its seizure, the condition of the vehicle is being deteriorated day by day due to its exposure to sun and rain. It is further submitted by learned counsel for the Petitioner that similar matter has been decided by a Division Bench of this Court in the case of Ashis Ranjan Mohanty (Adv.) vs. State of Odisha and others, reported in 2022 (I) OLR-555, wherein this Court has issued specific directions which are to be carried out by the concerned courts and police stations for release of the vehicle in favour of the person from whom the vehicle was seized.
Page 2 of 3
// 3 //
U.K.Sahoo
(A.K. Mohapatra) Judge
Page 3 of 3
2 issues framed by the court
Whether a seized vehicle prejudiced by weather conditions should be released to the registered owner pending trial.
Whether the lower court correctly rejected an application for vehicle release without adhering to a Division Bench judgment.
Colour shows how this judgement treated each authority
Ashis Ranjan Mohanty (Adv.) vs. State of Odisha and othersApplied¶18
Ashis Ranjan Mohanty (Adv.) vs. State of Odisha and others, 2022 (I) OLR-555
Durga Prasad Tandi
State of Odisha
A.K. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
