Ratnakar Behera vs State Of Odisha - 2020 Supreme(Ori) 207

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2020 Supreme(Ori) 207

HIGH COURT OF ORISSA: CUTTACK
S.K.PANIGRAHI
Ratnakar Behera – Appellant
Versus
State Of Odisha – Respondent

Advocates Appeared:
For the Petitioner:M/s Anjan Kumar Biswal & R.K.Muduli, Advocates
For the Opposite Party : Mr. Anupam Rath Additional Standing Counsel

Table of Content
1. challenge to prior court order on vehicle seizure. (Para 1 , 2)
2. arguments on the role of the petitioner and legal authority. (Para 3 , 4)
3. observations on the role of the inspector of excise. (Para 5 , 6)
4. precedents on vehicle release despite confiscation proceedings. (Para 7 , 8 , 9 , 10)
5. final order regarding vehicle release conditions. (Para 11 , 12)

JUDGMENT :

1. The Present Application is filed U/s. 482 Cr.P.C to challenge the order dated 05.02.2020 passed by the learned District & Sessions Judge, Mayurbhanj, Baripada in Criminal Revision No. 11 of 2019 whereby the order dated 4.11.2019 in Criminal Misc. Case No. 132 of 2019 passed by the learned S.D.J.M., Baripada was affirmed. Learned S.D.J.M. had rejected the petition filed under Section 457 of the Cr.P.C. for delivery of the vehicle seized in connection with the offences under sections 52(a) and 62(1) of the Odisha Excise Act.

3. Mr. Anjan Kumar Biswal, learned counsel for the petitioner strenuously contended that the Petitioner has no role in the alleged commission of offence. He has cited the P.R. No. 49/2019-20 wherein no allegation has been made against the petitioner and he has not been arrayed