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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.K.MOHAPATRA
N.Laxman – Appellant
Versus
State of Odisha – Respondent
JUDGMENT :
A.K. Mohapatra, J.
1. All these applications involving common question of law and common impugned order are taken up together. For the sake convenience, the facts pleaded in CRLMC No.4930 of 2024 is being discussed hereinbelow to adjudicate the common issue involved in all of the above CRLMC applications.
2. Heard learned counsel for the Petitioner as well as learned counsel for the State. Perused the applications filed by the Petitioner under Section 482 of the Cr.P.C. read with Section 528 of the B.N.S.S. as well as the documents annexed to the applications.
3. By filing the present applications the Petitioner seeks to invoke the inherent power of this Court to set aside order dated 19.01.2024 passed by the learned Addl. Sessions Judge, Kantabanji thereby confirming the order dated 19.10.2023 passed by the learned J.M.F.C., Kantabanji rejecting the Petitioner’s application under Section 457 of Cr.P.C. for release of the cash seized from the possession of the present Petitioner. It has also been prayed for a direction to the learned trial court to release the amount proportionately among the four persons from whose possession such amount has been recovered.
4. The factual b
Property seized in relation to a crime must be released to lawful owners unless substantiated otherwise.
Seized property must be returned to the rightful owner unless justified otherwise, ensuring no deprivation without legal authority, as per Article 300A of the Constitution.
Conditional release of seized articles cannot be denied.
Point of law: Section 451 empowers the court to make orders for interim custody for disposal of the property produced before it during an inquiry or trial. This order may be passed in respect of both....
Money belongs to the organization in view of the silence maintained by the petitioner in claiming the said amount either during the trial or in his statement made under Section 342 of Cr.P.C.
A writ petition for the release of seized money can be granted if ownership is established and the State has no objection, provided an indemnity bond is furnished.
Provisions under Section 457 of Code property which has been seized by police under provision of Code and has not been produced before criminal Court during an inquiry or trial, Magistrate may make s....
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