2003 Supreme(Ori) 566

2003 (Supp.) OLR (NOC) — 958
A. K. PATNAIK AND M. PAPANNA, JJ.
Soubhagya Kumar Panda...Petitioner
Versus
State of Orissa...Opp. Party
CRLREV No. 129 of 2003
(Date of Judgment : 25.7.2003)

Headnote:1. CRIMINAL PROCEDURE CODE, 1973 - Sec. 457 - Bihar and Orissa Excise Act, 1915 - Sec. 68(1)(b) - Release of property seized in connection with excise offence - If the Magistrate finds that the charge-sheet and the police papers reveal that the owner is implicated in the commission of offence, he will not release the vehicle - Petitioner may move the Collector or the Excise Officer authorised for release.

       2. BIHAR AND ORISSA EXCISE ACT, 1915 - Sec. 66 proviso, Sec. 70 - Confiscation - When owner of the vehicle is not proved to have been implicated in the commission of offence - The vehicle though used in carrying the intoxicant will not be liable to be confiscated.