SULOCHANA SWAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The order dated 4-6-2004 passed by the S.D.J.M., Jajpur in Misc. Case No. 20 of 2004 arising out of G.R. Case No. 927 of 2004 wherein he rejected the petition under Section 457, Cr. P.C. filed by the petitioner to release the Yahama motor cycle bearing registration No. OR-02 F-6521 in her favour is under challenge in this revision.

(2.) The petitioner is the registered owner of the aforesaid Yahama motor cycle. It was seized by the police personnel of Barachana Police Station on the allegation that it was used in commission of an offence under Section 395, IPC in G.R. Case No. 927 of 2003 of the aforesaid Court and kept in Police Station premises. Admittedly the petitioner in whose name the motor cycle stands is not an accused in that case. So she filed a petition under Section 457, Cr. P.C. before the S.D.J.M. Jajpur for interim custody of the vehicle, but it was rejected since the vehicle was not insured from 24-6-2001 onwards. Being aggrieved with the said order, the petitioner has preferred this Revision.

(3.) Learned counsel lor the petitioner submits that in no circumstance a vehicle seized should be kept at the Police Station for a long period. In support of his submission he relied upon the decision in Sunderbhai Ambala Desai v. State of Gujarat, (2003) 24 OCR (SC) 444 : (AIR 2003 SC 638) where it has been held (paras 17 & 21) :