The court ruled that ownership of the liquor and its non-adulteration justified the release of seized goods despite route deviation under the Odisha Excise Act, 2008.

ORDER :

1. This matter is taken up through Hybrid Arrangement (Virtual/ Physical Mode).

2. Heard the learned counsel for the Petitioner as well as learned counsel for the State-Opposite Party. Perused the application as well as the prayer made therein.

3. By filing the present application under Section 482 of Cr.P.C. which corresponds to 528 of B.N.S.S., 2023, the Petitioner seeks to invoke the inherent power of this Court to quash the order dated 20.11.2024 passed by the learned Sessions Judge-cum-Special Judge, Kalahandi, Bhawanipatna in Criminal Revision No.15 of 2024 thereby rejecting the revision petition filed at the instance of the Petitioner and confirming the order dated 24.08.2024 passed by the learned J.M.F.C., Kesingha in CMC No.15 of 2024.

4. On perusal of the record, it appears that initially the S.I. of Police, Kesinga P.S., while performing his patrolling duty, received credible information that four persons including the driver of the vehicle are illegally transporting foreign liquor in a Tata 1109 EX Turbo bearing Registered No.OR17G3978, which was plying from Narla to Kesinga side, about to enter Kesinga Town. Since there was every likelihood that the accused persons were going to enter the Kesinga Town along with liquor, the Informant stopped the vehicle by conducting a search. On being asked, the driver of the vehicle disclosed that he has been engaged by the owner of the vehicle as a driver and that his owner has directed to load the liquor from Sonepur OSBC. Accordingly, the liquor stock was loaded in the truck and after obtaining the transit route pass, the truck moved towards its destination. However, as per the direction of the owner of the vehicle, he had brought the truck to Narla on 21.02.2024 thereby violating the route permit granted to the vehicle carrying the liquor stock. It has also been alleged that in the next date morning, the liquor stock was unloaded at Narla road Off Shop and the rest of liquors were brought to Kesinga. Since the vehicle had violated the route permit and had already unloaded the stock at Narla, the vehicle as well as the stock was seized. Accordingly, a case was registered for commission of offence punishable under Section 52(a) of the Odisha Excise Act, 2008.

5. Learned counsel for the Petitioner contended that the Petitioner is a Power of Attorney of the IMFL shop situated at Narla and that shop is having a licence bearing Licence No.16/2019/0007 for Narla Road IMFL Off Shop and Licence No.16/2019/0006 for IMFL Off Shop No.2 of Kesinga. The Petitioner further stated before the Investigating Officer that as Power of Attorney owner, namely, Srikanta Sharma, he has looking after both the liquor shops. Learned counsel for the Petitioner further contended that only after obtaining a valid pass for transport on 20.02.2024, the vehicle in question lifted the liquor stock from the Odisha State Beverages Corporation Ltd. and was in the process of transporting the same in its destination.

6. During the pendency of the aforesaid criminal case, the Petitioner moved an application under Section 457 of Cr.P.C. in the court of learned J.M.F.C., Kesinga for release of the seized liquor. Such application was rejected vide order dated 24.08.2024 by the learned J.M.F.C., Kesinga in CMC No.15 of 2024. Further, referring to the impugned rejection order dated 24.08.2024, learned counsel for the Petitioner contended that the trial court rejected the application on the ground that the Petitioner had not come to the court with clean hands. As such, the application filed by the Petitioner for release of the liquor stock was rejected.

7. Being aggrieved by the order dated 28.04.2024, the Petitioner preferred a Criminal Revision bearing No.15 of 2024 before the learne