ANASUYA PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD Mr. Prasanta Kumar Sahoo, learned Counsel for the Petitioner and Mr. D. Das, learned Additional Government Advocate.

(2.) THE petitioner is the owner of a Tractor bearing Registration No. OR -19 -7411 and Trailer bearing Registration No. OR -19 -7412. The said Tractor and Trailer were seized by the Police at Rantali in Angul Town while it was carrying some wooden articles, namely, doors and windows. The petitioner moved the learned S.D.J.M., Angul under Section 457 of the Code of Criminal Procedure for release of the seized articles, but the learned S.D.J.M. passed orders refusing to release the said seized articles in favour of the petitioner. The petitioner moved this Court in CRLMC No. 2488 of 2003 under Section 482 of the Code of Criminaf Procedure, but this Court directed the petitioner to file an application under Section 57 of the Orissa Forest Act for interim release of the vehicle. The petitioner filed an application before the Authorised Officer -cum -D.F.O., Angul Division, for interim release of the Tractor and Trailer, but by order dated 30.12.2003 the Authorised Officer -cum -D.F.O., Angul Division, rejected the application of the petitioner under Section 57 of the Orissa Forest Act on the ground that the said Section 57 of the Orissa Forest Act has been omitted from the Orissa Forest Act, 1972, by the Orissa Forest Amendment Act, 2003. Aggrieved, the petitioner has filed this writ petition under Article 226 of the Constitution for release of the said vehicles.

(3.) THE aforesaid judgment of the Supreme Court has been quoted in the case of Section Forester and Anr. v. Mansur Ali Khan in (2004) 27 OCR (SC) 368 and it has been held therein that it is only in exceptional case that the High Court can grant interim release of a vehicle alleged to have been involved in commission of a forest offence and that too on the minimum condition of furnishing of bank guarantee by the party concerned.