JUDGMENT

S.K. MISHRA, J. - The petitioner, in this application under Section 482 of Cr.P.C. has assailed the order passed by the learned S.D.J.M., Boudh on 29.03.2018 in Misc. Case No.17 of 2018 arising out of 2 (a) C.C. No.14 of 2018 thereby rejecting application filed by the petitioner under Section 457 of Cr.P.C. seeking the interim release of vehicle bearing

Registration No.OD-27-8277 in favour of the petitioner, who happens to be the owner of the vehicle.

2. It is alleged by the prosecution that on 13.03.2018 the Sub-Inspector of Excise, Harbhanga arrested one Jitendra Kumar Mishra, who is driver of the vehicle and recovered 24 liters of Beer and 8,640 liters of I.M.F.L kept in a paper cartoons and a case under Section 52 (a) (i) of the Odisha Excise Act, 2008 was initiated. The Sub-Inspector of “Excise also seized the aforesaid vehicle. The seized vehicle is in the custody of the said officer.

3. It is claimed by the petitioner that he being the owner of the vehicle had no idea of the alleged crime. The owner is neither arrayed as an accused nor allegation has been levelled against her by the Excise Department in the prosecution report submitted.

4. It is also argued by the l