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IN THE HIGH COURT OF ORISSA AT CUTTACK
CHITTARANJAN DASH
Bedabyas Behera – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. application to set aside prior orders (Para 1 , 2) |
| 2. petitioner's claim for interim release of firearm (Para 3 , 4) |
| 3. analysis of jurisdiction for release orders (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 4. interpretation of sections in cr.pc regarding seized property (Para 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 5. precedents establishing magistrate's authority (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 6. procedural guidance for interim release (Para 30 , 31) |
| 7. clarification of jurisdictional framework (Para 32) |
| 8. disposition of the crlmc (Para 33 , 34) |
judgment :
Chittaranjan Dash, J.
1. By means of this application, the Petitioner seeks to set aside the order dated 16.08.2021 passed by the learned Addl. Sessions Judge, Deogarh in Criminal Revision No.8 of 2021 and 06 of 2021 as well as order dated 05.10.2020 passed by the learned J.M.F.C., Reamal in Crl. Misc. Case No.13 of 2020 arising out of 2(b) C.C. Case No.47 of 2019.
2. The background facts of the case, in brief, are that on 08.09.2019 at about 01:45 p.m., the Assistant Conservator of Forest, Deogarh Forest Division, on receipt of reliable information, proceeded on the allegation that a villager of Nuapada
A Magistrate has jurisdiction to order interim custody of a seized firearm under the Wildlife (Protection) Act, despite its designation as government property upon seizure; judicial oversight remains....
The Magistrate retains the authority to grant interim release of seized property pending trial, despite the omission of a previous legislative provision that had offered similar powers to authorities....
Point of Law : On the basis of seizure and mere accusations/allegations, Section 39(1)(d) of the 1972 Act cannot be allowed to operate and if it is so done, it would be hit by the constitutional prov....
The court affirmed interim custody of a seized vehicle, establishing that custody can be granted before conviction under the Wild Life Act.
mere seizure of any property including vehicle on the charge of commission of an offence would not make property to be of the State Government under Section 39(1)(d) of the Act of 1972, unless there ....
Point of Law : Section 15 gives independent power to the authority concerned, but confiscation of the article as mentioned there under, even before the guilt is completely established.
The court affirmed that the pendency of confiscation proceedings does not prevent the interim release of seized vehicles, ensuring property is not neglected or devalued during legal processes.
Point of Law – Under the Act, 1967 only an authorised officer or the Divisional Forest Officer under Section 51 of the Act, 1967 can temporarily release any property used to commit an offence.
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