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 Yamaha motor cycle bearing registration No. OR -02 F -6521 in her favour is under is under challenge in this revision.

(2.) THE petitioner is the registered owner of the aforesaid Yamaha 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 I.P.C. 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.) IN the present case as mentioned earlier the S.D.J.M., Jajpur rejected the petition filed under Section 457 Cr.P.C. since the vehicle was not insured from 24.6.2001 onwards. No doubt as per Section 146(1) of the Motor Vehicles Act, no person shall use except as a passenger or cause or allow other person to use a motor vehicle in a public place without a policy of Insurance. Violation of this provision is punishable under Section 196 of Motor Vehicles Act.