Disposed¶53

Suresh Kumar Sahoo v. State of Odisha

Orissa HC24 Sept 2025WP(C)/8839/2025

Case brief

AI extract

What is this about?

Release of seized vehicle; truck Regn. No. OD05G 5785; prolonged detention without initiation or conclusion of confiscation proceedings; conditional interim custody of seized vehicle; property/cash security Rs. 3,00,000; follows Abhinash Biswal vrs. State of Odisha and Ors. (W.P.(C) No. 21265 of 2024, decided 09.05.2025); Orissa High Court, Cuttack; Suresh Kumar Sahoo v. State of Odisha & Ors.; W.P.(C) No. 8839 of 2025; disposed 24.09.2025; Sanjeeb K. Panigrahi, J.; State counsel no objection.

What did the court decide?

Release of the seized truck bearing Registration No. OD05G 5785 to the petitioner subject to seven conditions (including furnishing property/cash security of Rs. 3,00,000/-); authorities directed to initiate and expeditiously conclude confiscation proceedings, if any, in accordance with law. ¶53

Suresh Kumar Sahoo Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the seized truck bearing Registration No. OD05G 5785, detained without initiation or conclusion of confiscation proceedings, ought to be released to the petitioner subject to conditions, in terms of the earlier judgment in Abhinash Biswal (supra).

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Court's answer

The vehicle in question (truck Regn. No. OD05G 5785) shall be released to the petitioner, subject to conditions mirroring Abhinash Biswal: production of original registration certificate and insurance papers for verification with true attested copies retained by the I.O/IIC; no change of colour or engine/chassis number; furnishing two photographs before delivery; no transfer of ownership; production of the vehicle as and when called upon; no use of the vehicle in commission of any offence; and furnishing of property/cash security of Rs. 3,00,000/-.

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Ratio / Principle

In case of violation of any of the release conditions by the petitioner, this order shall not be applicable.

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Key takeaways

The concerned authorities are directed to initiate and carry forward the confiscation proceedings, if any, strictly in accordance with law, and to conclude them expeditiously in a time-bound manner so as to avoid undue prejudice to the petitioner.ratio¶52

Detailed headnote1 paragraphs

Orissa High Court (Dr. Sanjeeb K. Panigrahi, J.), by order dated 24.09.2025 in W.P.(C) No. 8839 of 2025, disposed of the petition filed by Suresh Kumar Sahoo seeking release of his seized truck bearing Registration No. OD05G 5785, which had been detained without initiation or conclusion of confiscation proceedings. Following its earlier judgment in Abhinash Biswal vrs. State of Odisha and Ors., W.P.(C) No. 21265 of 2024 (decided 09.05.2025), to which the State's counsel raised no objection, the Court directed release of the vehicle to the petitioner subject to conditions: production of the original registration certificate and insurance papers (true attested copies retained by the I.O/IIC); no change of colour or engine/chassis number; furnishing of two photographs before delivery; no transfer of ownership; production of the vehicle as and when called upon; no use of the vehicle in commission of any offence; and furnishing of property/cash security of Rs. 3,00,000/-. Breach of any condition renders the order inapplicable. The concerned authorities were further directed to initiate and carry forward any confiscation proceedings strictly in accordance with law and conclude them expeditiously in a time-bound manner.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No. 8839 of 2025

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Suresh Kumar Sahoo

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..…... Petitioner(s)

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Mr. Braja Mohan Sarangi, Adv.

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-Versus-

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State of Odisha & Ors.

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………. Opposite Party(s) Mr. Debasish Nayak, AGA

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CORAM:

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DR. JUSTICE SANJEEB K PANIGRAHI

ORDER

24.09.2025

Order No.

This matter is taken up through hybrid arrangement.

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2 . Heard learned counsel for the parties.

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3 . In this Writ Petition, the Petitioner seeks a direction from this Court to release the seized vehicle bearing Registration No.OD05G 5785 (Truck) citing prolonged detention without initiation or conclusion of confiscation proceedings, and undertakes to comply with any conditions that may be imposed by this Court.

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4 . Learned counsel for the Petitioner submits that this Court has earlier decided the similar issue in the judgment dated 09.05.2025 passed in W.P.(C) No.21265 of 2024 ( Abhinash Biswal vrs. State of Odisha and Ors.). Hence, he submits that this Writ Petition may be disposed of in the light of the judgment passed in the case of Abhinash Biswal (supra).

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Signature Not Verified

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Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 24-Sep-2025 20:16:18

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5 . Learned counsel for the State submit that he has no objection, if this matter is disposed of in the light of the judgment passed in the case of Abhinash Biswal (supra).

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6 . On perusal of the records and the judgment passed in the case of Abhinash Biswal (supra), it appears that similar issue has already been decided by this Court in the said judgment which was disposed of on 09.05.2025. The ordering portion of the said judgment is as follows:

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“xxx xxx xxx

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In light of the aforementioned judicial precedents, the release of the vehicle emerges as the most judicious course of action. Keeping the vehicle immobilized for an indefinite period does not advance the prosecution’s case and only results in an unjustifiable loss to the registered owner.

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Accordingly, it is held that the vehicle in question shall be released to the Petitioner, subject to the following conditions:

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(i) The Petitioner shall produce the original registration certificate, insurance paper before the concerned Police Station which shall be verified properly and true attested copies thereof shall be retained by the I.O/IIC of the concerned Police Station;

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(ii) The Petitioner shall not change the colour or any part of the engine and chassis number of the vehicle.

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(iii) Petitioner shall furnish two photographs of the vehicle before taking delivery of the same

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(iv) The Petitioner shall not transfer the ownership of the vehicle in favour of any other person;

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(v) The Petitioner shall produce the vehicle before the Court as and when called upon;

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(vi) The Petitioner shall not allow the vehicle to be used in the commission of any offence; and

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(vii) The Petitioner shall furnish property/cash security of Rs.3,00,000/- (rupees three lakh only).

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Signature Not Verified

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Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 24-Sep-2025 20:16:18

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In case of violation of any of the conditions by the Petitioner, this order shall not be applicable.

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In addition to the above, the concerned authorities are hereby directed to initiate and carry forward the confiscation proceedings, if any, strictly in accordance with law. The authorities shall ensure that such proceedings are concluded expeditiously and in a time-bound manner so as to avoid any undue prejudice to the petitioner and to uphold the sanctity of the legal process. ”

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Considering the submissions made by the learned counsel for the parties and taking into account the judgment dated 09.05.2025 passed in W.P.(C) No.21265 of 2024, this Court is inclined to accede to the submissions of the learned counsel for the Petitioner. Accordingly, it is held that the vehicle in question shall be released to the Petitioner, subject to the following conditions:

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(i) The Petitioner shall produce the original registration certificate, insurance paper before the concerned Police Station which shall be verified properly and true attested copies thereof shall be retained by the I.O/IIC of the concerned Police Station;

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(ii) The Petitioner shall not change the colour or any part of the engine and chassis number of the vehicle.

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(iii) Petitioner shall furnish two photographs of the vehicle before taking delivery of the same

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(iv) The Petitioner shall not transfer the ownership of the vehicle in favour of any other person;

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Signature Not Verified

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Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 24-Sep-2025 20:16:18

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Murmu

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(v) The Petitioner shall produce the vehicle before the Court as and when called upon;

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(vi) The Petitioner shall not allow the vehicle to be used in the commission of any offence; and

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(vii) The Petitioner shall furnish property/cash security of Rs.3,00,000/- (rupees three lakh only).

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In case of violation of any of the conditions by the Petitioner, this order shall not be applicable.

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In addition to the above, the concerned authorities are hereby directed to initiate and carry forward the confiscation proceedings, if any, strictly in accordance with law. The authorities shall ensure that such proceedings are concluded expeditiously and in a timebound manner so as to avoid any undue prejudice to the petitioner and to uphold the sanctity of the legal process.”

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Accordingly, the Writ Petition is disposed of.

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( Dr. Sanjeeb K. Panigrahi)

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Judge

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Signature Not Verified

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Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 24-Sep-2025 20:16:18

Suresh Kumar Sahoo v. State of Odisha

Case brief

What is this about?

What did the court decide?

Suresh Kumar 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

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Coram

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