THE HIGH COURT OF ORISSA AT CUTTACK

CRA No. 122 of 1994

(In the matter of an application under Section 454 of Criminal Procedure

Code)

Smt. M. Appala Narasamma ……. Appellant

-Versus-

State of Orissa ……. Respondent

For the Appellant : Mr.Udipta Kumar Panda,

Advocate

For the Respondent : Mr. S.J. Mohanty, ASC

CORAM:

THE HONOURABLE SHRI JUSTICE SIBO SANKAR MISHRA

Date of Hearing: 11.11.2025 : Date of Judgment: 18.11.2025

S.S. Mishra, J. The appellant is aggrieved by the judgment dated 11.02.1994 passed by the learned Sessions Judge, Koraput-Jeypore confiscating the truck bearing Registration No. ABK-799 in Sessions Case

No.229 of 1993.

2. In the present case, two accused, namely, Polichetti Satyanarayana and Appado Venkatramana stood charged for commission of offence

punishable under Sections 20(b)(i) of the NDPS Act. By the impugned judgment they have been convicted. While convicting the accused persons, the learned trial court has confiscated the truck in subject and directed to sale the same and the sale proceed to be confiscated to the State. Against the order of confiscation and sale proceeds of the truck in subject directed to be confiscated to State, the appellant has filed the present appeal being the owner of the vehicle.

3. Heard Mr. Udipta Kumar Panda, learned counsel for the appellant and Mr. S.J. Mohanty, learned Additional Standing Counsel for the State.

4. When the appeal was admitted, vide order dated 13.04.1994 in Misc.

Case No.149 of 1994, the following order was passed:-

“The vehicle bearing registration no.ABK 799 shall be released in favour of the appellant-petitioner on her furnishing cash security of Rs.10,000/- and property security of Rs.70,000/- to the satisfaction of learned Sessions Judge, Korapur, Jeypore.

It is stated that pursuant to the direction of this Court in Criminal Revision No.520 of 1993 the vehicle is in the custody of the appellant-petitioner and she has furnished cash security of Rs.10,000/- and property security of Rs.70,000/-. The said securities shall continue till disposal of the appeal.

The Misc. Case is disposed of.

Urgent certified copy of this order if applied for shall be granted to the petitioner in course of the day.”

5. It appears from the record of the proceeding that the appellant has not only furnished the cash security of Rs.10,000/- but also furnished the property security of Rs.70,000/- while taking zima of the truck.

6. When the matter was taken up by this Court on 14.10.2025, the following order was passed:-

“1. The appellant has assailed the judgment and order dated 11.02.1994 whereby while convicting two accused persons namely Polichetti Satyanarayana and Appado Venkataramana for the offence punishable under Section 20(b)(i) of the N.D.P.S. Act and sentenced them to undergo imprisonment for three years and at the same time, confiscated the truck bearing Registration No.ABK 799 involved in commission of the crime. The present appellant is aggrieved by the confiscation. Hence, he has assailed the judgment.

2. On query from the Court to the learned State counsel as to whether the convict accused has preferred any appeal or not, he replied that, he has no instruction to that effect. It is also not clear as to whether the truck was seized on 29.05.1993 is in existence or not.

3. Let learned State counsel seek instruction regarding the same and report to this Court by the next date of hearing.

4. List this matter on 23.10.2025 for hearing.

5. A free copy of this order be supplied to the learned State counsel.”

7. Pursuant to the aforementioned order, two more adjournments were given to the State for obtaining instructions. Finally, a report has furnished by the OIC, Rayagada Excise Station on 07.11.2025 to the following effect:-

“With reference to the subject cited above, I beg to state that as per direction of the Superintendent of Excise, Rayagada on dated 04.11.2025 I proceeded to the Hon’ble Court of Sessions Judge, Koraput-Jeypore to trace out the record, regarding confiscation of the seized vehic