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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.K.MOHAPATRA
Basudev Singh – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. factual background of seizure and arrest. (Para 1 , 2) |
| 2. court's analysis on vehicle seizure and release. (Para 3 , 4 , 5 , 6 , 7 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 3. arguments regarding release and ownership. (Para 8 , 9 , 10 , 11 , 12) |
| 4. judgment allowing interim release of the vehicle. (Para 35) |
| 5. final judgment and directions for interim release. (Para 36) |
JUDGMENT :
A.K. MOHAPATRA, J.
1. The present criminal revision petition has been filed by the Petitioner under Section 401 Cr.P.C. challenging the order dated 28.12.2021 passed by the learned Sessions Judge-cum-Special Judge, Phulbani, in Crl. Misc. Case No.27 of 2021, which arises out of C.T. Case No.11 of 2020, corresponding to Phiringia P.S. Case No.13 of 2020, thereby rejecting the petition under Section 457 of Cr.P.C. filed by the Petitioner to release the vehicle bearing RegistrationNo.OD-24-7214 (Swift Dezire Car).
2. The factual background of the case, in a nutshell, is that on 27.01.2020 at about 6.00 A.M., the IIC, Phiringia P.S., namely, P.S.S. Rao received credible information from his sources that two persons are in posse
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