SOUBHAGYA KUMAR PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) CRIMINAL Revision No. 129 of 2003 is directed against the order dated 10.1. 2003 passed by the learned S.D.J.M., Anandapur in G.R. Case No, 437 of 2002 (T.C. No. 7 of 2002) rejecting the prayer of the petitioner for release of a motor -cycle under Section 457 of the Code of Criminal Procedure.

(2.) FROM the impugned order it appears that the said motorcycle hearing registration No. OR -04 -C -1061 had been used by the accused persons for transporting I.D. liquor in two plastic jar each containing 20 litres. The vehicle having been seized in connection with commission of offence under Section 47 (a) of the Bihar and Orissa Excise Act, the learned Magistrate rejected the petition on the ground that the Criminal Court had no jurisdiction to entertain the application under Section 457, Cr.P.C. for release of the vehicle.

(3.) IN course of hearing of the revisions, it was contended by the learned counsel for the petitioners appearing in both the cases that though a Division Bench of this Court in the case of Rajat Kumar Pattnayak v. State of Orissa reported in (2003) 24 OCR 426 has held that Section 457 of the Code of Criminal Procedure shall have no application in cases where the vehicle is seized on the ground that it was used for commission of offence under the Bihar and Orissa Excise Act and that the Collector has the power to direct release of the vehicle, the Division Bench has not considered Section 66 of the Act and decide as to which court will have the power to release a vehicle, if the owner thereof is not an accused in the case. Since both the revisions raise a common question of law, they were heard together.