PRAHALLAD SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and the learned Counsel for the State.

(2.) THE order dated 19.5.2007 passed by the learned S.D.J.M., Nilgiri in Crl. Misc. Case No. 19 of 2007 rejecting an application filed under Section 457 of Cr.P.C. for release of the truck bearing Registration No. OR -01 -6247 in favour of the petitioner is under challenge. - -

(3.) FROM the impugned order, it appears that the learned Magistrate rejected the application solely on the ground that unless seizure of truck is reported by the police, Section 457 Cr.P.C. has no application. Admittedly, in this case, the report of seizure has been submitted by the Forester. Learned Magistrate lost sight of the decision of this Court in the case of Baikuntha Bihari Mohapatra v. State of Orissa, reported in (2001) 21 OCR 174. In the said decision this Court held that even if the vehicle is seized by the Forest Officials and such seizure is reported by the Forester to the learned Magistrate, once there is a report of seizure, the learned Magistrate has jurisdiction to release the vehicle in exercise 'of powers under Section 457 Cr.P.C.