03. 13.02.2019

The petitioner by filing this application has invoked

the jurisdiction of this Court under section 397 read with

section 401 of the Code of Criminal Procedure in

impeaching an order dated 03.12.2018 passed by the

learned S.D.J.M., Nilgiri in Crl. Misc. Case No. 42 of 2018

refusing to release the petitioner’s vehicle seized in

connection with 2(b)C.C. Case No. 14 of 2018 running for

commission of offences under the Odisha Forest Act.

The ground for rejection of the application is that

because of the move made before the DFO-cum-

Authorized Officer, Balasore Wildlife Division by the

Investigating Officer for confiscation of the seized vehicle,

by initiating the confiscation proceeding under section 56

of the Odisha Forest Act as has been indicated in the

order, the matter relating to release of the vehicle does

not fall within the domain of the court.

During course of hearing learned counsel for the

petitioner prays for withdrawal of this application with

liberty to move the DFO-cum-Authorized Officer, Balasore

Wildlife Division for release of the vehicle seized in

connection with the above noted case during pendency of

the confisc