VINAY KUMAR JAISWAL Vs. STATE OF ODISHA

JUDGEMENT

(1.) This Criminal Revision has been filed challenging the order dtd. 24/1/2024 passed in CMA No. 254 of 2023 by the learned S.D.J.M., Jharsuguda rejecting the application filed under Sec. 457 of the Code of Criminal Procedure (in short 'Cr.P.C') for release of the Maruti Dzire VXI bearing Registration No. OD-23-K-8563 in favour of the petitioner who claims to be the registered owner of the said vehicle. The vehicle has been seized in connection with Banharpali P.S. Case No. 136 of 2023 corresponding to C.T. Case No. 1481 of 2023 in the Court of the learned S.D.J.M., Jharsuguda registered under Sec. 52(a) of the Odisha Excise Act (in short 'the Act').

(2.) I have heard Ms. Agnisikha Ray, learned counsel for the petitioner and Mr. S.S. Mohapatra, learned Addl. Standing Counsel for the State and perused the affidavit and instructions of the IIC, Banharpali Police Station.

(3.) The petitioner is the registered owner of Maruti Dezire VXI bearing Registration No.OR-23-K-8563 having its Chassis No. MA3CZFB3SLJ702514 and Engine No. K12NN9040796, which had been seized on 11/8/2023 by the I.O. in connection with Banharpali P.S. Case No.136 of 2023 registered for commission of offences punishable under Sec. 52 (a) of the Orissa Excise Act.