ORDER :

CHITTARANJAN DASH, J.

1. Heard learned counsel for the Petitioner and the State.

2. By means of this application the Petitioner seeks indulgence of this Court for issuance of a Writ of Mandamus directing the Forest Officials for release of the vehicle, i.e. Tractor bearing Registration No. OR-17-D-5781 and its Trolley bearing Registration No. OR-17- D-5782, in compliance with the direction issued by the S.D.J.M., Biramaharajpur in CMA No.06 of 2021, which was affirmed vide order dated 15.03.2023 passed by the learned Sessions Judge, Subarnapur in Criminal Revision No.10 of 2021.

3. The factual matrix giving rise to the present application are that, on 27.01.2021 at about 12.46 P.M. while the Forest Staff of Biramaharajpur Range Forest Area were performing patrolling duty inside Butukhaman Reserved Forest, seized the vehicle, i.e. Tractor bearing Registration No. OR-17D-5781 having Chassis No.37515 and Engine No.304221 and Trolley bearing Registration No. OR-17D-5782 having Chassis No. SSEW1317 engaged in breaking of forest land and transporting the forest produce without having any Transit Permit in the Reserved Forest, and accordingly registered a Forest Offence Case, vide OR Case No.181 of 2020-21 of Biramaharajpur Range U/s. 56 of the Orissa Forest Act, 1972 and forwarded the accused persons involved in the case to the Court of the learned S.D.J.M., Biramaharajpur for trial/awarding punishment under the provision of Section 27(3)(a) of the said Act, 1972.

4. A Confiscation Proceeding U/s. 56 of the Orissa Forest Act, 1972 was initiated against the offending vehicle before the Authorized Officer-cum-Asst. Conservator of Forests, Subarnapur Forest Division, vide OR Case No.181 of 2020-21 of Birmaharajpur Range (C.P. No.21 of 2020-21), pending for trial.

5. While the matter stood thus, the Petitioner being the registered owner of the offending vehicle in question preferred CMC No.06 of 2021 before the learned S.D.J.M., Birmaharajpur praying for a direction to the Range Officer, Birmaharajpur to release the seized vehicle. Learned S.D.J.M., Birmaharajpur vide order dated 01.07.2021 directed the Forest Range Officer to release the vehicle.

6. Being aggrieved by the directions of the learned S.D.J.M., Birmaharajpur, the State of Orissa moved in Criminal Revision before the learned Sessions Judge, Sonepur registered vide Criminal Revision No.10 of 2021. The learned Sessions Judge, Sonepur vide order dated 15.03.2023 affirmed the impugned order of the learned S.D.J.M. Despite the above, as the vehicle of the Petitioner was not released by the Forest Authorities, the Petitioner moved here in for a direction as stated above.

7. Mr. Niranjan Panda, learned counsel for the Petitioner, reiterating his prayer, submitted that the Forest Range Officer did not comply the direction of the learned S.D.J.M., Biramaharajpur, as has been affirmed by the learned Sessions Judge and as such the Forest Authorities be directed for release of the vehicle.

8. The Divisional Forest Officer, Subarnapur Forest Division, who has submitted his parawise comments, as reveals from the case record placed before this Court by the learned counsel for the State, inter alia, narrated the manner in which the vehicle was seized by the forest officials, the initiation of the Forest Offence Case vide OR Case No.18 of 2020-21 and the Confiscation Proceeding under Section 56 of the Act, 1972.

9. It is contended by Mr. Debasish Biswal, learned Counsel for the State, that the directions sought for by the Petitioner pursuant to the order passed by the learned S.D.J.M., Biramaharajpur and affirmed by the learned Sessions Judge, Sonepur is not sustainable in the eye of law and is liable to be set aside in view of the initiation of the confiscation proceeding, as the jurisdiction of the common law under the Code of Criminal Procedure gets excluded.

10. It is the stand of the Petitioner that the provision under Sections 451 and 457 of the Cr.P.C. has been brought into application