BHABANI PRASAD MISRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision is preferred against the order of the learned Sessions Judge, Ganjam, in Criminal Revision No.7 of 1986 setting aside the order of the learned S.D.J.M., Chatrapur, directing delivery of the bus bearing registration No. TMN 7656 to the petitioner under section 457, Cr. P.C.

(2.) The relevant facts giving rise to this revision may be briefly stated as follows: On 24-12-1985 the Traffic Inspector of the Transport Department seized the bus bearing registration No. TMN 7656 on the ground that arrear tax to the tone of Rs. 17,000/- was still due to be paid by the owner and further as the bus was found to be plying without a valid fitness certificate. When the R.T.O., Chatrapur, was approached, he refused to release the bus and gave the owner a copy of the vehicle check report showing that the vehicle was seized for nonpayment of arrear tax of Rs. 17,000/- and that the vehicle had no fitness certificate and route permit. As the R.T.O. refused to release the vehicle on any terms, the petitioner moved the S.D.J.M., Chatrapur, in Misc. Case No. 158 of 1985 for the release of the bus. The S.D.J.M. by his order dated 4-1-1986 directed the release of the bus in favour of the petitioner under section 457, Cr. P.C. Being aggrieved by the said order, the R.T.O. Chatrapur, filed Criminal Revision No.7 of 1986 before the Sessions Judge, Ganjam and the learned Sessions Judge passed the impugned order against which the owner of the bus has filed the present revision.

(3.) The scope of the present revision is confined to a consideration of the provision of section 457, Cr. P.C. Section 457, Cr. P.C. provides: 457. Procedure by police upon seizure of property. -