ORISSA HIGH COURT
MANOJ SAGARIA – Appellant
Versus
STATE OF ODISHA – Respondent
02.
15.01.2021
This matter is taken up through video conferencing.
Heard learned counsel for the petitioner as well as learned
counsel for the State-opposite party.
The order dated 26.11.2019 of the learned Sessions Judge,
Nabarangpur passed in Criminal Revision No.01 of 2019 refusing to
release the vehicle bearing Regd. No.OD-24-C-2448 has been assailed in
the present criminal misc. case.
As per the allegations, the vehicle, i.e., Hero HF Deluxe
bearing Regd. No.OD-24-C-2448 was seized by the Excise officials while
transporting I.d. liquor by the accused, namely, Mahendra Jani for
commission of offence under Sec.52(a) of the Odisha Excise Act.
Accordingly the prosecution in 2(a)CC Case No.27 of 2018 has been
launched before the learned S.D.J.M., Nabarangpur. During pendency of
the said proceeding, the petitioner being the registered owner of the vehicle
filed a petition under Sec.457 of the Cr.P.C. for release of the vehicle. This
was rejected and against the same, the petitioner preferred criminal
revision before the learned Sessions Judge, Nabarangpur, whi
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