Ananta Padal Vs State of Odisha

Being aggrieved by order dated 04.04.2024 passed in MC.31 of 2024 by the learned S.D.J.M., Koraput retire by rejecting the application of the petitioner for interim release of his vehicle the petitioner has approached this Court by filing the present application under Section 482 Cr.P.C.

¶16

Heard learned counsel for the petitioner as well as learned Additional Standing Counsel for the State. Perused the record. On perusal of the prosecution case this Court observes that the petitioner who happens to be the recorded owner of the vehicle moved an application before the trial court in MC No.31 of 2024 for interim release of his vehicle arising out of T.R. No.23 of 2023 pending in the file of learned Additional Sessions Judge, Koraput. The said application of the petitioner was rejected vide order dated

¶17

Page 1 of 3.

¶18

04.04.2024. Learned counsel for the petitioner, further referring to the impugned order dated 04.04.2024 under Annexure-2, submitted before this Court that while disposing of the application of the petitioner under Section 457 Cr.P.C., the learned trial court has not taken note of the judgment of this Court in Basudev Singh vs. State of Odisha reported in 2022 1OLR 1051/2022(ILR Cuttack) 887 . He further submitted that the learned court in seisin over the matter, by referring to the order passed in criminal revision No.404 of 2020, 185 of 2021 and 177 of 2021 as well as in W.P.(C) N0.32580 of 2021, has been pleased to reject the application of the petitioner for interim release of his vehicle. He further submitted that the issue of interim release of the vehicles is no more res integra and has been dealt with this Court by the Division bench in Ashis Ranjan Mohanty’s Case (W.P.(C) No.31622 of 2021 decided on 31.01.2023 . He further contended that the specific issue of dealing with an application under Section 457 in a case involving offence under the N.D.P.S. Act, this Court while taking note of all the judgments, has delivered a detailed judgment and detailed guideline has been laid down in the judgment rendered in the case of Basudev singh vs. State of Odisha (supra) .

¶19

Learned counsel for the state on the other hand submitted that although the judgment of this Court in Basudev Singh’s Case (supra) has not been taken note by the trial court in the impugned judgment dated 04.04.2024, however, the learned trial court has passed a reasoned order while rejecting the application of the petitioner. Therefore, the impugned order no interference at this Court at this stage.

¶20

Having heard the learned counsels appearing for the respective parties, on a careful examination of the issue involved in the present

¶21

Page 2 of 3.

¶22

case, further taking into consideration the judgment of this Court in the abovenoted case of Ashis Ranjan Mohanty’s Case (supra) as well as Basudev Singh’s Case (supra), this Court deems it proper to direct the learned trial court to reconsider the issue in the light of the principle laid down in Basudev Singh’s Case (supra) . Accordingly, the impugned order dated 04.04.2024 is hereby set aside. Further, the matter is remanded back to the learned trial court to consider the application of the petitioner for interim release of his vehicle afresh. While reconsidering the application, the learned court in seisin over the matter shall do well to consider the judgment of this Court in Basudev Singh’s Case (supra) and dispose of the application within a period of six weeks from the date of communication of a certified copy of this order.

¶23

With the aforesaid observation, direction the CRLMC application stands disposed of.

¶24

( A.K Mohapatra )

¶25

Judge

¶26

Rubi

¶27

Signature Not Verified

¶28

Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa, C utta ck Date: 12-Aug-2024 10:22:40

Ananta Padal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Ananta Padal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Biranchi Mallick Vs State of Odisha

Shambunatha Majhi Vs State of Odisha

Jalandhar Sahu Vs State of Odisha

E.Sankar Rao Vs State of Odisha

Gadadhar Jena Vs State of Odisha(Vig.)

Rajendra Pradhan Vs State of Odisha