NABAKISHORE SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner has filed this revision against the order dated 12.7.2004 passed by the learned S.D.J.M., Banki in G.R. Case No.205 of 2003 rejecting the prayer for release of the seized scooter in zima of the petitioner.

(2.) THE police staff of Banki Station seized one scooter bearing registration No. OR -06 -B -0810 from the possession of one Santosh Behera when the said person was transporting illicit liquor in that vehicle. Prosecution was then launched under Section 47(a) of the Bihar and Orissa Excise Act against the said Santosh Behera and the present petitioner, who is the owner of the scooter.

(3.) LEARNED counsel for the petitioner submits that the illicit liquor was seized from the possession of Santosh Behera and not from the possession of the petitioner and so, there is no legal bar for release of the seized scooter in favour of the petitioner. He further submits that the scooter is lying in open air and its value is deteriorating day by day and to save the vehicle from wastage, it should be given in zima of the petitioner who is the registered owner of the vehicle.