DAITARI MALLIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard Mr. M. Mishra, learned counsel for the Petitioner as well as Mr. K. Das, learned A.S.C. for the State-Opposite Party.

(2.) In the present petition, order dtd. 13/1/2022 of the learned Sessions Judge, Kendrapara in Criminal Revision No.19 of 2021 has been assailed.

(3.) Brief facts of the case is that, motorcycle bearing Regd. No.OD-05-AA-1607 was seized in connection with 2(a)CC Case No.16 of 2021 being involved in transportation of alleged foreign liquor. The Petitioner, who is the owner of the said motorcycle, is not an accused in the said case. His prayer to release the motorcycle under Sec.457, Cr.P.C. was rejected by the learned trial court as well as by the revisional court. Learned Sessions Judge by the impugned order dtd. 13/1/2022 rejected the prayer of the Petitioner on the ground that the confiscation proceeding in respect of the seized property has been initiated under Sec. 71 of the Odisha Excise Act. It is further observed by the learned Sessions Judge that in view of the provisions contained in Sec. 72 of the Odisha Excise Act, the power of the trial court under Sec. 457, Cr.P.C. is restricted.