PRAMOD KUMAR MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE order dated 2.11.2004 passed by the Special Judge, Angul in Special Case No. 1 of 2004 wherein he rejected the petition filed under Section 457, of the Cr.P.C. for release of the Mini -bus bearing Registration No. OR -06 -E -8188 in favour of the petitioner.

(2.) THE petitioner is the owner of the aforesaid Bus. He was plying it as stage carriage from Bagadia to Cuttack and back. On 16.10.2004 receiving a telephonic message that Tankadhar Biswal and Anchal Majhi were transporting Ganja in the aforesaid bus, the O.I.C. of Chhendipada Police Station with his staff in presence of the local Tahasildar stopped the bus near the Police Station. On search some Ganja was recovered from possession of accused Tankadhar Biswal and Anchal Majhi who were moving in that bus. As they were not backed by any authority for such possession, the same was seized and F.I.R. was lodged against them on the allegation that they committed offence under Section 20(b) of the N.D.P.S. Act (hereinafter called 'the Act'), giving rise to the aforesaid Special case. As per the allegation since the Ganja was being carried in the bus in question, the O.I.C, Chhendipada Police Station seized it also. Under such circumstances, the petitioner claiming himself to be the owner of the bus filed a petition under Section 457 of the Cr.P.C. for interim release of the said bus in his favour before the Special Judge, Angul.

(3.) LEARNED counsel for the petitioner submits that the petitioner was not in the bus while it was intercepted and the contraband articles were seized from the above accused persons. Neither the staff of the bus nor the petitioner has been arrayed as accused in the case. Since the bus is lying at Chhendipada Police Station being exposed to the elements of nature its condition would deteriorate if it is allowed to be kept there any further. So he pressed to allow the revision.