RAJARAM JAISWAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) THOUGH this matter was listed for admission, with consent of the learned counsel for parties the same is taken up for final disposal. Heard Mr. G. Mukherji for petitioner and learned Additional Standing Counsel.

(2.) MAIN grievance of the petitioner is that a truck bearing registration No. ORU 6845 has not been released to him either by the learned Subdivisional Judicial Magistrate, Bonai (in short 'SDJM') or the Authorised Officer -cum -Divisional Forest Officer, Bonai. Each has assigned different reason for not releasing the vehicle to him. Undisputedly, the truck in question was seszed by the Sub -Inspector, Lahunipara Police Station in connection with alleged offences under Secs. 379/411/34 of the Indian Penal Code, 1860 (in short IPC). The learned SDJM refused to release the vehicle on the ground that the petition Under Section 457 of the Code of Criminal Procedure, 1973 (in short 'the Code') was not maintainable. The Authorised Officer -cum D.F.O. refused to release the vehicle on a ground that the Divisional Forest Officer was authorised to deal with applications for release and he was a distinct authority from the Authorised Officer, and therefore, the Authorised Officer has no role to play in the matter of release of the vehicle seized. He also observed that there is no scope for interim release during pendency of the proceeding.