NARAYAN TRIPATHY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Petitioner has filed this criminal revision challenging the Order Dated 13.02.2012 passed by the Learned S.D.J.M., Anandapur in CMC No. 17 of 2012 arising out of G.R. Case No. 40 of 2012 rejecting his application filed under Section 457 Cr.P.C. for release of the vehicle bearing registration number OR -19 -C -0577.

(2.) THE brief facts of the case are as follows: On the report of ASI of Ghashipura P.S. Station, Ghasipura P.S. Case No. 21 of 2012 corresponding to G.R. Case No. 40 of 2012 was registered. During course of investigation, the I.O. seized the aforesaid vehicle loaded with 42 numbers of Sisal wood. The vehicle was seized on 20th January, 2012 at about 7 A.M. & the same is kept at the police station. The Petitioner being the registered owner of the vehicle filed an application under Section 457 Cr.PC. before the Court below for release of the vehicle as he had a valid permit & obtained contract carriage permit No. CC/PP/09/190/10 to use the vehicle for carrying the passengers in all motor -able roads inside Orissa. His application was rejected by the Court below on the ground that the vehicle was involved in a forest offence & seized by the police authorities & the forest produce was handed over to the forest authorities for initiating confiscation proceeding. The Court below further observed that since the I.O. has already intimated to the forest authorities for initiation of confiscation proceeding under Section 56 of the Forest Act, it has no jurisdiction to release the vehicle under Section 457 Cr. PC.

(3.) LEARNED Addl. Government Advocate submitted that as the Investigation Officer has already intimated the seizure of the vehicle involved in an offence under the Forest Act by submitting the offence report, the Court below has rightly rejected his application filed under Section 457 Cr. P. C. In support of his submission, he has cited a decision of this Court in the case of Kuril Tiria v. State of Orissa, (2007), 36 OCR 828 wherein this Court has held that in case the vehicle involved in forest offence is seized by the police authorities and the vehicle and the forest produce are handed over the forest authorities for initiating confiscation proceeding, the criminal Court would have no power under Section 457 Cr.P.C. However, Section 457 Cr.P.C. petition can be entertained by the Magistrate if the vehicle seized by the police in connection with forest offence is produced before the Magistrate and no confiscation proceedings is pending.