Bikash Kumar Pradhan Vs State of Odisha

This criminal revision has been preferred assailing the order dated 19.12.2025 passed by the learned S.D.J.M., Bhubaneswar in CMC No. 1435 of 2025 arising out of 2(a) CC Case No. 293 of 2025 whereby the prayer of the Petitioner for release of his vehicle (HYUNDAI I 20 Car bearing Regd. No. OD-33Z-9996) stated to be involved in an offence under Section 52(a)(i) of the Odisha Excise Act,2008 in 2(a) CC Case No. 293 of 2025 arising out of Bhubaneswar, Range-1 Excise Station P.R. No. 67 of 2025-26 has been rejected.

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It is submitted by the learned counsel for the Petitioner that there is no dispute that the Petitioner is the owner of the vehicle (HYUNDAI I20 Car bearing Regd. No. OD-33-Z-9996). Asserting that the said vehicle, allegedly involved in the aforementioned P.R. case under Section 52(a)(i) of the Odisha Excise Act, 2008 is being exposed to vagaries of nature and relying on the judgment of the Apex Court in the case of Sunderbhai Ambalal Desai v. State of Gujarat, (2002) 10 SCC 290 , the Petitioner seeks release of his vehicle.

Learned counsel for the State, on the other hand opposes such prayer and submits that as borne out from the order of the learned Magistrate that the confiscation proceeding has already been initiated before the competent authority and as such, the application has been rightly rejected.

In the case of Sunderbhai Ambalal Desai (supra), the Apex Court while dealing with corresponding provision of Section 457 of the Cr.P.C. held thus;

“……………… it is of no use to keep such seized vehicle at the police stations for a long period. xxx xxx xxx”

Considering the rival submissions, this Court is persuaded to hold that interest of justice would be subserved, if the vehicle in question as an interim

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measure is released in favour of the Petitioner on certain terms and conditions.

Accordingly, it is directed that the seized vehicle (Hyundai I20 Car bearing Regd. No. OD-33-Z9996) shall be released in favour of the Petitioner, on his satisfying the learned Court in seisin that he is the registered owner of the said vehicle and on such terms and condition as deemed just and proper till disposal of 2(a) CC Case No. 293 of 2025 by the learned Court in seisin including the following terms, that the Petitioner shall not;