The main legal point established is that under Section 457 of Cr.P.C., a court may allow the interim release of a seized vehicle with specific conditions, considering the practical problems faced by authorities in maintaining seized vehicles and balancing the interests of the owner and the revenue.

JUDGMENT :

A.K. Mohapatra, J.

1. The present criminal revision petition has been filed by the Petitioner under Section 401 read with Section 397 of Cr.P.C. challenging the order dated 15.01.2022 passed by the learned S.D.J.M., Birmaharajpur in Criminal Misc. Case (CMC) No.02 of 2022, arising out of 2(b)C.C. Case No.15 of 2021, corresponding to O.R. No.107 of 2021-22, arising out of U.D. Case No.6 of 2021-22, thereby rejecting the petition under Section 457 of Cr.P.C. filed by the Petitioner to release the vehicle bearing Registration No.OR-26-5135 (Pick-up Van).

2. Heard learned counsel for the Petitioner and learned counsel for the State. Perused the case records.

3. It is seen from the impugned order that the application filed by the Petitioner under Section 457 Cr.P.C. for release of the seized vehicle has been rejected by the learned S.D.J.M. Birmaharajpur, on the ground that a Confiscation Proceeding, vide O.R. No.107/2021-22 is pending for adjudication before the court below. In such view of the matter, the present Revision Petition has been filed for setting aside the impugned order and for release of the vehicle in favour of the Petitioner.

4. That on perusal of record, it was found that the vehicle in question which was transporting timber illegally was seized during course of investigation. Further the vehicle in question bearing Registration No.OR-26-5135 (Pick-up Van) was registered on 09.10.2007 before the R.T.O., Nuapada in the name of the Petitioner and the Petitioner is operating the said vehicle and maintaining the same in good condition. However, on 18.9.2021 it was alleged by the Petitioner, that he gave his vehicle to his driver which was let out on hire for transporting some articles but the driver in connivance with some antisocial persons loaded logs of teak wood unauthorizedly from the Ulunda Forest Range. Thereafter, the vehicle was seized by the Forest Officials along with the logs of teak wood which were being transported illegally. Further case of the Petitioner is that the driver of the vehicle without the knowledge and consent of the owner and in collusion with the antisocial persons transporting logs of teak from Ulunda Forest Range illegally and accordingly the vehicle was seized by the Forest Officials and a case was registered against the Petitioner under Section 56 of Orissa Forest Act, 1972 and Sections 4 and 12 of Orissa Timber and Other Forest Produce Transit Rules, 1980.

5. Learned counsel for the Petitioner submits that the vehicle which was seized on 18.09.2021 is lying exposed to the Sun and Rain in the Ulunda Range Office in the district of Subarnapur. The driver of the vehicle has been arrested and forwarded to the judicial custody. It is further submitted by learned counsel for the Petitioner that the condition of the vehicle is deteriorating day by day as the same has remained stationary in the premises of Ulunda Range Office, Subarnapur and further the same remains exposed to the Sun and Rain causing gross devaluation of the vehicle in question. He further contends that the vehicle stands recorded in the name of the Petitioner and it has a valid insurance and that the vehicle is not required for the investigation purpose. Further, learned counsel for the Petitioner submits that the Petitioner is ready and willing to produce the vehicle in the confiscation proceeding as and when the same will be required by the Authorities.

6. A report was called for from the Range Officer, Ulunda, Subarnapur by the learned court below and the Range Officer, Ulunda submitted a report to the court below stating that the vehicle is not required for further investigation. On an application filed under Section 457 Cr.P.C. for release of the vehicle, the Petitioner was asked by the court below to produce all original documents relating to vehicle and the same was produced to the satisfaction of the court below on 15.01.2022. Further after hearing the counsels on the application under Section 457 Cr.P.C.