UGAM NATH Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS matter was listed today under the heading 'To be mentioned'.

(2.) THIS Criminal Revision was also referred to us along with Criminal Revision No. 129 of 2003 by the learned Single Judge on point as to whether the Magistrate in some cases can release any property seized for an offence under the Bihar and Orissa Excise Act, 1915 under Section 457 of the Code of Criminal Procedure, 1973. We have delivered a separate judgment today in Criminal Revision No. 129 of 2003 (Soubhagya Kumar Panda v. State of Orissa)* answering the aforesaid question of law.

(3.) IT is stated by the learned counsel for the petitioner that in this case prosecution report has been submitted by the Excise Authorities and in the said prosecution report, the petitioner has not been implicated in the excise offence. We are not in a position to know from the impugned order dated 16.01.2003 as to whether in the prosecution report submitted by the Excise Authorities, the petitioner who is the owner of the seized truck bearing registration number MP 09 KB 5722 is implicated in the excise offence.