Badrinath Sahoo Vs State of Odisha

Heard learned counsel for the petitioner as well as learned counsel for the State. Perused the 482 Cr.P.C. application as well as the documents annexed thereto.

¶18

The present application has been filed by invoking the inherent power of this Court under Section 482 Cr.P.C. with a prayer to quash order dated 28.06.2024 passed by the learned JMFC, Salipur in connection with Criminal Misc Case No.90 of 2024 arising out of Salipur Excise P.R. No.24/2024-25 corresponding to 2(a)CC No.177 of 2024.

¶19

The aforesaid order dated 28.06.2024 arises out of an application filed by the Petitioner under Section 457 of Cr.P.C. with a prayer for release of his vehicle which was involved in the excise case. The application of the Petitioner having been rejected by the learned trial

¶20

Page 1 of 3 .

¶21

court, the Petitioner has approached this Court by filing the present application.

¶22

Learned counsel for the Petitioner at the outset submitted that there is no legal bar for interim release of the vehicle in favour of the Petitioner in view of the settled position of law. In course of his argument, learned counsel for the Petitioner referred to the judgment of this Court in Laxmidhar Samal vs. State of Odisha in CRLMC No.1172 of 2021 decided on 25.08.2021. By referring to the above noted case, learned counsel for the Petitioner submitted that the aforesaid case arose out of a proceeding involving the provisions of Section 71 of the Odisha Excise Act. In the aforesaid judgment, a coordinate bench of this Court, after considering the relevant issue has finally disposed of the application by setting aside the impugned order and further directing release of the vehicle in favour of the Petitioner in that case subject to the terms and conditions mentioned in para-8 of the said order.

¶23

This bench had an occasion to consider the aforesaid aspect i.e. interim release of the vehicle pending confiscation proceeding in Basudev Singh vs. State of Odisha in CRLREV No.34 of 2022 vide judgment dated 23.02.2022, this case has laid down the guidelines for interim release of the vehicle pending finalization of the proceeding. Further, it would be apt to mention here that a Division Bench of this Court while dealing with the release of the vehicle in Ashis Ranjan Mohanty (Adv.) vs. State of Odisha and others in (W.P.(C) No.31622 of 2021) decided on 31.01.2022, has also laid down certain guidelines.

¶24

On a careful examination of the impugned rejection order dated 28.062024, this Court observed that the learned court below has not taken the note of the aforesaid judgments and has failed to analyze the corrective legal position. In such view of the matter, this Court is of the

¶25

Page 2 of 3 .

¶26

considered view that the order dated 28.06.2024 is unsustainable in law, accordingly, the same is hereby set aside. Further, the matter is remanded back to the learned JMFC, Salipur to reconsider the application by providing opportunity of hearing to the parties and keeping in view the judgments referred to hereinabove. The final decision be taken within a period of two months from the date of communication of a certified copy of this order.

¶27

With the aforesaid observations, the CRLMC application stands disposed of.

¶28

( A.K. Mohapatra ) Judge

¶29

Anil

¶30

Signature Not Verified Page 3 of 3 .

¶31

Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 12-Sep-2024 14:21:28

Badrinath Sahoo v. State of Odisha

Case brief

What is this about?

What did the court decide?

Badrinath Sahoo 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

Satya Sahu Vs State of Odisha

Om Prakash Nayak @ Alok Nayak Vs State of Odisha

Srikanta Rout@Amuli Nayak Vs State of Odisha

Chita Ranjan Padhi Vs State of Odisha

Jhasaketana Bagha @ Jhasaketan Bagha Vs State of Odisha

Sarbeswar Behera Vs State of Odisha