The court affirmed that a vehicle seized under the Forest Act must be released in accordance with a Sessions Judge's order, even during ongoing confiscation proceedings.

JUDGMENT :

S.S. Mishra, J.

The petitioner, by invoking the inherent jurisdiction of this Court under Section 482 of the Cr. P.C., has filed the present CRLMC to explore the following relief:

“(i) issue notice to the Opp. Parties and after perusal of causes shown, be further pleased to direct the Forest Range Officer, Jagatsinghpur to release the vehicle, TATA ACE, bearing Regn. No.OD-21F-4294 in favour of the petitioner in compliance with direction issued by the learned District Judge, Jagatsinghpur in Crl. Revision No.06 of 2023, dt. 13.10.2023 and orders by the learned S.D.J.M., Jagatsinghpur forthwith and further the Opp. Parties may be directed to compensate suitably to the petitioner.”

02. The petitioner is the owner of the TATA ACE vehicle bearing Registration No. OD-21F-4294, which has been seized by the Forester, Rahama Section in connection with 2(b) C.C. Case No.3 of 2021. The seizure had taken place on 01.12.2021. The petitioner moved an application under Section 457 of the Cr. P.C. for release of the vehicle. Vide order dated 06.06.2023, the learned S.D.J.M., Jagatsinghpur turned down the prayer of the petitioner on the ground that the confiscation proceeding has already been initiated by the competent authority. Hence, under Section 56(3) of the Forest Act, the vehicle cannot be released during pendency of confiscation proceeding.

03. The petitioner, being aggrieved by the order dated 06.06.2023 passed by the learned S.D.J.M., Jagatsinghpur, has filed Criminal Revision No.6 of 2023 in the Court of the learned Sessions Judge, Jagatsinghpur. The learned Sessions Judge, Jagatsinghpur by its detailed judgment dated 13.10.2023, allowed the Criminal Revision and while reversing the order of the learned S.D.J.M., Jagatsinghpur, directed release of the vehicle in subject. The learned Sessions Judge, in it judgment has observed as under:

“Here this case at hand relates to offences U/s 4,12 & 14 of OT & OFPT Rule 1980 but our Hon'ble Courts reiterated the said fact by applying the decision of the Hon'ble Supreme Court in the case of Sunderbhai Ambala Desai Vrs. State of Gujarat reported in (2003) 24 OCR (SC) 444, in the case of Ashis Ranjan Mohanty Vrs. State of Odisha and others (W.P (C) No.31622/2021, decided on 31.01.2022 and in the case of Arun Kumar Agrawal Vrs. State of Odisha (supra) while deciding the Crl.Rev.No.52 of 2022 and the same has been filed under section 401 read with section 397 of Cr.P.C challenging the order dtd.15.1.2022 passed by the learned SDJM, Birmaharajpur in Crl.Misc.case (CMC) No.02 of 2022 arising out of 2(b) CC No.15/2021, where in the Hon'ble Court setting aside the order of the learned SDJM, Birmaharajpur direction has been issued for releasing the seized vehicle in favour of the recorded owner subject to the conditions laid by the Division of our Hon'ble Court in the case of Ashis Ranjan Mohanty(supra) Paragraphs 16 (I) to (f). Therefore, there was no bar for the learned SDJM, Jagatsinghpur to entertain the petition U/s 451 of the Cr.P.C, then, at this juncture, the impugned order dated 06.06.2023 passed in Misc.Case No.53/2023 U/s.451 of the Cr.P.C by the learned SDJM, Jagatsinghpur cannot and shall not be justifiable under law. For which, there is justification under law for making interference with the said impugned order passed by the learned Court below through this revision filed by the petitioner. As such, there is merit in the revision of the petitioner, the same must succeed.

The revision be and the same filed by the petitioner is allowed on contest.

The impugned order dtd.06.06.2023 passed by the learned SDJM, Jagatsinghpur in Cr.Misc.case No.53/2023 (arising out of 2(b) CC No.03/2023 which corresponds to OR case No.16 JSP of 2021-22) for an interim release of the Tata ACE vehicle bearing registration No.OD-21 F-4294 Engine No. 275ID107GSYS71394 and chasis MAT445483HZG26282 is hereby set aside.

The learned SDJM, Jagatsinghpur is directed for interim release of the aforesaid seized Tata AC