PRIYABRATA SAHOO Vs. STATE OF ODISHA

JUDGEMENT

(1.) By way of a petition under Sec.482 of Cr.P.C., the petitioner has challenged the order dated 01.10.2020 passed by the learned Sessions Judge, Kendrapara in Criminal Revision No.21 of 2020 wherein the prayer of the petitioner to release his vehicle under Sec.457 Cr.P.C. has been refused as involved in commission of offences under Secs.188/269/270/34, I.P.C. and Sec.52(a) of the Odisha Excise Act.

(2.) The facts reveal that on 16.07.2020, the S.I., Aul Police Station detected the vehicle, i.e., Hero Glamour motorcycle bearing Regd. No.OD-29-G-0819 transporting contraband liquor by the accused persons, namely, Rashmikanta Behera and Priyabrata Sahoo, the present petitioner. As such, the contraband was seized along with the vehicle and the accused persons were arrested. After the chargesheet was submitted for the aforesaid offences, a petition under Sec.457 of the Cr.P.C. was moved with a prayer to release the vehicle. This was rejected by the learned J.M.F.C., Aul. Thereafter, the petitioner filed criminal revision petition before the learned Sessions Judge, Kendrapara, which was also rejected by the learned Sessions Judge. This is impugned in the present petition.

(3.) It is submitted by learned counsel for the petitioner that the petitioner is the owner of the vehicle in question and since no confiscation proceeding as contemplated under the Odisha Excise Act has been initiated yet, his vehicle should be released and the learned Sessions Judge has committed illegality on this aspect.