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IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMC No. 4048 of 2022

Haresh Ranjan Hota

….

Petitioner

Mr. Biswajit Ranjan Tripathy, Advocate

-Versus-

State of Odisha

….

Opposite Party

Mr. T.K. Praharaj, SC

CORAM:

MR. JUSTICE R.K. PATTANAIK

Order No.

ORDER

20.01.2023

01.

1.

Heard Mr. Dash, learned counsel for the petitioner and Mr.

Praharaj, learned Standing Counsel for the State.

2.

Instant petition under Section 482 Cr.P.C. is filed by the

petitioner assailing the impugned order dated 26^th September, 2022

under Annexure-1 passed in Criminal Revision Petition No.02 of

2022 by the learned Sessions Judge, Koraput at Jeypore confirming

the order of the learned S.D.J.M., Jeypore in M.C. No.99 of 2020

arising out of Jeypore Sadar P.S. Case No. 57 of 2021 corresponding

to T.R. Case No. 24 of 2021, whereby, an application under Section

457 Cr.P.C. was rejected for being not maintainable.

3.

Perused the copy of the impugned order dated 26^th

September, 2022 as at Annexure-1.

4.

Learned counsel for the petitioner submits that the

petitioner though is an accused but he happens to be the owner of

the vehicle in question, which is shown to have been seized in

connection with Jeypore Sadar P.S. Case No.57 of 2021 and in such

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capacity, he moved the learned S.D.J.M., Jeypore for release of the

same in his favour, however, it was rejected on the ground that the

disposal has to be in terms of Section 52-A of N.D.P.S. Act. It is

submitted by the learned counsel for the petitioner that as there is

no bar for disposal under the NDPS Act, an application under

Section 457 Cr.P.C was moved before the court of first instance and

thereafter the learned Special Court which should have been

entertained and necessary orders was required to be passed thereon

but then, it was rejected by both the courts on technical ground.

Hence, it is submitted that necessary orders to be passed for

immediate release of the seized vehicle bearing Registration No.OD-

15-P-6228 involved in connection with Jeypore Sadar P.S. Case

No.57 of 2021 registered under Sections 20(b)(ii)(C) of the NDPS

Act.

5.

Mr. Praharaj, learned counsel for the State on the other

hand submits that such rejection of the application under Section

457 Cr.P.C. is on technical ground and if the Court is inclined, it

may issue a direction to the learned court below for reconsideration

of the same if at all it is held that there is no application of Section

52-A of NDPS Act to the present facts and circumstances of the case.

6.

On a reading of Annexure-2, the Court finds that the

alleged vehicle bearing registration No. OD-15-P-6228 was seized

for being involved in transportation of 49 kgs of contraband Ganja.

It is further made to appear that the petitioner being an accused but

claiming himself to be the owner of the said vehicle approached the

learned S.D.J.M., Jeypore for its release in terms of Section 457

Cr.P.C. however it was disposed of as not being maintainable with

reference to Section 52-A of the NDPS Act and later on confirmed in

revision.

7.

In so far as Section 52-A of NDPS Act is concerned, it is a

provision with regard to disposal of seized contraband drugs and

psychotropic substances besides other articles including conveyances

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referring to which the learned Sessions court reaffirmed that the

application under Section 457 Cr.P.C. is not maintainable. In fact

the said procedure is prescribed for disposal of seized items after an

inventory conducted. A detailed procedure is specified in Section

52-A of NDPS Act as to in what manner such disposal is to be

ensured. However, in so far as an application under Section 457

Cr.P.C. is concerned, if it is moved either by the owner of a vehicle

or its rightful claimant,