Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Ori) 818

IN THE HIGH COURT OF ORISSA AT CUTTACK
A.K.MOHAPATRA, J.
Basudev Singh – Appellant
Versus
State of Odisha – Respondent
CRLREV No. 34 of 2022
Decided On : 31-03-2022

Advocates Appeared:
For the Appellant : B.K. Swain
For the Respondent: K.K. Nayak

The court acknowledged that vehicles seized in NDPS cases should not be retained indefinitely, establishing guidelines for interim release to prevent deterioration and ensure lawful ownership.

Headnote:(A) Criminal Procedure Code, 1973 - Section 401 - NDPS Act, 1985 - Sections 20, 25, 29, and 60(3) - Vehicle utilized for transporting contraband seized - Order rejecting Petitioner's application under Section 457 Cr.P.C. for interim release of vehicle set aside - Court emphasized that vehicle should not be retained indefinitely pending trial, as such retention causes deterioration and loss of value - Guidelines established for interim release of seized vehicles, highlighting the necessity for proper maintenance and prevention of misuse - Interim custody granted under specific conditions: ensuring vehicle remains in good condition, insurance compliance, and prohibition of transfer or alteration. (Paras 35 and 36)

(B) NDPS Act - Confiscation procedure - Any vehicle liable to be confiscated under Section 60(3) NDPS Act can only be proceeded against after trial conclusion; interim release does not contravene statutory provisions if done judiciously according to Cr.P.C. (Paras 24 and 27)

(C) Legal Principles - The Court reiterated that routine denial of release applications is not just and that courts should act proactively following established guidelines. (Paras 32 and 34)

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 possession of Ganja, i.e. flowering and fruiting tops of cannabis plant were transporting the same in a Swift Dezire Car bearing Registration No.OD-24-7214 and they are likely to pass through Majhipada road. Upon getting such information, the IIC, Phiringia P.S. formed a team and proceeded to the spot, i.e. village Majhipada to verify the veracity of the information received. After reaching the spot, they waited for the suspicious vehicle by concealing their presence. At about 8.40 A.M., they intercepted the Swift Dezire Car bearing No.OD-24-7214 along with two persons including the driver. On being asked, they disclosed their names as (1) Basudev Singh (present Petitioner), S/o.Manmohan Singh of village Purna, PS-Raghunathpur, Dist.-Jagatsinghpur and (2) Babuna Swain, S/o.Sadhu Charan Swain of village-Jagatpur Road, Dasapalla, PS-Dasapalla, Dist.-Nayagarh. After completion of formalities of search, the vehicle was searched and a jerry bag containing 30 kgs. 200 grams of Ganja was recovered from the dickey of the Car. Thereafter, the contraband Ganja and the vehicle was seized. Both the above named persons were arrested and were forwarded to the court on the allegation of commission of offences under Section 20 (b)(ii)(C)/25/27 of the NDPS Act, 1985. Seizure list was prepared on 27.01.2020. After completion of the investigation, charge-sheet has been submitted under the aforesaid sections.

3. While the matter stood thus, the Petitioner filed a petition under Section 457 Cr.P.C. bearing Crl. Misc. Case No.16 of 2021 before the trial court for release of his vehicle (Swift Dezire Car) bearing No.OD-24-7214 on the ground that there is no dispute with regard to the ownership of the vehicle. After hearing the parties, learned Special-cum-Sessions Judge, Phulbani by order dated 15.09.2021 rejected the application of the Petitioner without assigning any reason whatsoever.

4. The said order dated 15.09.2021 was earlier challenged before this Court Crl. Rev. No.421 of 2021. This Court after hearing the parties and with an observation that the matter of release of vehicle was not considered in its proper perspective and no reason has been assigned while rejecting such application of the Petitioner under Section 457 Cr.P.C., this Court was pleased to set aside the order dated 15.09.2021 and directed the court below to consider the application of the Petitioner afresh by giving opportunity of hearing to the parties and to dispose of the application within a period of 30 days from 02.12.2021, i.e. the date of passing of the order in CRLREV No.421 of 2021.

5. After the matter was remitted back to the court of learned Special Judge, Phulbani, the application of the Petitioner was again re-registered as Criminal Misc. Case No.27 of 2021 (36/2021) and the same was taken