KALIM KHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The matter is taken up through video conferencing mode.

(2.) The petitioner seeks by way of this criminal revision to quash the order dtd. 11/8/2021 passed by the learned Special Judge, Phulbani in Criminal Miscellaneous Case No.11 of 2021, arising out of C.T. Case No.40 of 2019 whereby his petition for interim release of his Maruti Suzuki Swift Dezire Car bearing Registration No.OR-05-AE-4700 has been rejected.

(3.) The petitioner had filed an application under Sec. 457 of the Cr.P.C. before the learned Special Judge, Phulbani with a prayer for releasing his vehicle, which was seized in connection with C.T. Case No.40 of 2019 under Sec. 20(b)(ii)(C) of the NDPS Act. The offending vehicle was alleged to have transporting contraband ganja. One poly bag containing 60 kgs 800 grams of ganja was also recovered from the offending vehicle. The present petitioner along with two accused persons was also booked under Sec. 20(b)(ii)(C) of the NDPS Act. The learned Special Judge, Phulbani after hearing the parties rejected his prayer for release of the vehicle on 11/8/2021. The petitioner has challenged the said order in the present criminal revision. Learned counsel for the petitioner submits that the vehicle, which has been confiscated, is likely to be damaged in the premises of the police station being exposed to sun and rain for which its condition has been deteriorating. Further, there is no maintenance to the vehicle, which automatically rests deterioration. However, he relies upon the judgment/order passed by this Court in the cases of Kishore Kumar Choudhury vs. State of Orissa 2017 66 OCR 114 and Balabhadra Nayak vs. State of Orissa 2013 54 OCR 893.