ANTARYAMI SWAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD Learned Counsel for the Petitioner and Learned Counsel for the State. The order dated 23.2.2004 passed by the learned Addl. Sessions Judge, Jagatsinghpur in Criminal Revision No. 58 of 2003 as well as the order passed by the learned J.M.F.C. (P), Kujanga on 22.11.2003 in G.R. Case No. 238 of 2003 ejecting the petition filed by the Petitioner for release of the motor -cycle are under challenge.

(2.) IT appears that a Hero Honda Splender motor -cycle bearing registration No. OR05 -G -7207 was seized in connection with the aforesaid G.R. Case registered for commission of offences under Sections 395 and 397 of the Penal Code read with Sections 25 and 27 of the Arms Act. The Petitioner as owner of the said motor -cycle, filed an application under Section 457 Cr. P.C before the learned Magistrate for release of the same. The petition was rejected on the ground that the vehicle would be required for the purpose of identification and it also appears that the documents with regard to ownership of the vehicle were not property placed before the learned Magistrate. The Apex Court in the case of Sunderbhai Ambala Desai v. State of Gujarat reported in, (2003) 24 OCR (SC) 444 held that:

(3.) I , therefore, allow the petition, set aside both the orders and direct the learned Magistrate to reconsider the petition keeping in mind the decision of the Apex Court as indicated above. If the learned Magistrate is satisfied that the Petitioner is the owner of the motor -cycle, the same shall be released in his favour on such terms and conditions as the learned Magistrate may deem just and proper.