Samir Rajan Parida vs State of Odisha

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Ori) 787

IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Samir Rajan Parida – Appellant
Versus
State of Odisha – Respondent

Advocates Appeared:
For the Appellant : P.K. Deo
For the Respondent: S.S. Mohapatra

Table of Content
1. context of the petition regarding vehicle release. (Para 1 , 2)
2. arguments of petitioner and respondent on vehicle custody. (Para 3 , 7)
3. court's reasoning based on section 6-e of the e.c. act. (Para 4 , 5 , 6)
4. supreme court interpretations on jurisdictional limits. (Para 8)
5. conclusion of dismissal of the petition. (Para 9 , 10)

JUDGMENT :

R.K. PATTANAIK, J.

1. The petitioner by filing the instant petition has questioned the correctness and judicial propriety of impugned order dated 17^th June, 2022 under Annexure-2 passed in Criminal Revision No. 10 of 2022 by the learned Sessions Judge, Keonjhar for having confirmed the order dated 8^th March, 2022 passed in CMC No.412 of 2021 by the learned S.D.J.M., Keonjhar, who rejected an application under Section 457 Cr.P.C. vis-a-vis release of a vehicle seized in connection with Keonjhar Sadar P.S. Case No.449 dated 29^th October, 2021 corresponding to G.R. Case No.1777 of 2021 registered under Sections 379 , 420 read with 34 IPC and Section 7 of the Essential Commodities Act, 1955 (herein after referred to as ‘the E.C. Act’) on the ground that the same is not tenable in law.

2. The vehicle in question bearing registra