PRADYUMNA KUMAR ACHARYA Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD learned Counsel for the Petitioner and learned Standing Counsel for the State. Perused the impugned orders.

(2.) THE Petitioner has been aggrieved by the order dated 17.5.2010 passed by learned S.D.J.M., Deogarh in C.M.C. No. 30 of 2010 (arising out of C. T. Case No. 247 of 2010) rejecting the Petitioner's application under Section 457, Code of Criminal Procedure for interim release of his Mini Truck bearing Registration No. OR -15 -G -7255 which order has been confirmed by the learned Additional Sessions Judge, Deogarh in Criminal Revision No. 5 of 2010.

(3.) THE Mini Truck in question was seized by the police in Reamal P.S. Case No. 60 of 2010 for alleged involvement in transportation of Mahua flower without any authority or license which is an offence under Bihar and Orissa Excise Act. The Petitioner, who is undisputedly the registered owner of the Mini Truck in question filed application under Section 457, Code of Criminal Procedure for release of the said truck, which has been rejected mainly on the ground that since investigation is going on it would not be proper to release the vehicle and that the Petitioner may move the Collector and District Magistrate who has the power to make confiscation of the vehicle in terms of Sections 66 and 67 of the Bihar and Orissa Excise Act,1915. The Petitioner challenged the said order in Criminal Revision No. 5 of 2010 which has been dismissed by the learned Additional Sessions Judge, Deogarh on similar grounds and further holding that the revision was not maintainable.