NIRANJAN RANA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This Criminal Appeal under section 13 of the Odisha Protection of Interests of Depositors (In Financial Establishments) Act, 2011 (hereafter 'O.P.I.D. Act') has been filed by the appellant Niranjan Rana in challenging the impugned order dated 16.01.2017 passed by the learned Presiding Officer, Designated Court, OPID Act, Cuttack in C.T. Case No. 10 of 2016 in rejecting his petition under section 457 of Cr.P.C. for release of vehicle bearing Registration No. OR-02-BV-0006 on the ground that when there is adequate provision under section 9 of the O.P.I.D. Act as to how to deal with the property that is attached or to be attached, the petition under section 457 of Cr.P.C. is premature.

(2.) Mr. Devashis Panda, learned counsel appearing for the appellant contended that the learned Presiding CRLA No. 236 of 2017 Officer while rejecting the petition under section 457 of Cr.P.C. has observed in the operative portion of the order that the Government under the Finance Department had proposed to pass an ad-interim order for confiscation of the said property under section 3 of the O.P.I.D. Act and taking into account such aspect, the petition under section 457 of Cr.P.C. was held to be not maintainable. He further contended that in fact no such proposal has been submitted by the Finance Deptt. even till that today.

(3.) Mr. Bibekananda Bhuyan, learned Addl. Government Advocate has produced a letter of the Dy. Commissioner of Police, Bhubaneswar dated 21.08.2017 addressed to the Commissioner of Police, Bhubaneswar - Cuttack, Bhubaneswar wherein it is mentioned that the prayer of the I.O. for ad-interim attachment of properties of the appellant who is the Owner-cum-Managing Director, Maa Tarini Eastcon Pvt. Ltd., Saheednagar, Bhubaneswar may be moved to Government for attaching the properties as well as money lying in the bank accounts of Maa Tarini Eastcon Pvt. Ltd. at the earliest.