MANU KUMAR DEB Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD Mr. Sahoo, Learned Counsel for the Petitioner, and Mr. Pattnaik, Learned Additional Government Advocate.

(2.) THIS revision is directed against the order of rejection dated 9.8.2007 passed by the Learned A.C.J.M. -cum -Asst. Sessions Judge, Rourkela in S.T. Case No. 37/25 of 2007 rejecting the application of the Petitioner filed under Section 457 Code of Criminal Procedure for release of the vehicle (Tempo) bearing Registration No. OR -14 -H -7384. The said vehicle has been seized by the OIC, Sector -7 Police Station, Rourkela on 19.1.2007 for its alleged envelopment in Sector -7 P.S. Case No. 6 of 2007 corresponding to G.R. Case No. 96 of 2007 and S.T. Case No. 37/25 of 2007 of the Court of the Learned ACJM -Cum -Assistant Sessions Judge, Rourkela registered under Section 5 of the Explosive Substance Act. The Petitioner as already stated, filed a petition under Section 457 Code of Criminal Procedure for release of the said Tempo in his favour, but the Learned A.C.J.M. -cum -Asst. Sessions Judge rejected the same without applying his judicial mind.

(3.) MR . Pattnaik Learned Additional Government Advocate, on the other hand, submits that the vehicle in question is involved in a case under Section 5 of the Explosive Substance Act. Therefore, in the interest of justice, the same may not be released.