SRI RAJKISHORE DAS @ BAIDHAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard Mr. Mishra, Learned Counsel for the Petitioner, and Mr. Pattnaik, Learned Addl. Government Advocate.

(2.) This criminal revision is directed against the Order Dated 02.06.2008 passed by the Learned J.M.F.C., Jajpur Road in Crl. Misc. Case No. 52 of 2008 arising out of G.R. Case No. 328 of 2008 rejecting the application of the Petitioner filed under Sec. 457 Code of Criminal Procedure for release of his vehicle.

(3.) Learned Counsel for the Petitioner submits that the Petitioner is the registered owner of the vehicle (Motorcycle) bearing registration number OR -05 -Y -8519. The said vehicle was seized in connection with commission of offence under Sec. 47(a) of the Bihar & Orissa Excise Act. The factum of its seizure was intimated to the JMFC. No confiscation proceeding was initiated against the vehicle till 02.06.2008. when Petitioner's application filed under Sec. 457 Code of Criminal Procedure was considered and rejected. The owner of the vehicle, namely, the Petitioner, is implicated in the commission of the offence in connection with which the vehicle has been seized. The vehicle is lying in the premises of the Korai P.S. being exposed to vagaries of weather condition and its condition is determining day by day. No fruitful purpose would be served, if the vehicle is detained any further. Therefore, in the interest of justice, the vehicle may be released pending disposal of the criminal proceeding. In support of his submission, he relies on the decision in Sunderbhai Ambala Desai v/s. State of Gujarat,, (2003) 24 OCR (SC) 444; Soubhagya Kumar Panda v/s. State of Orissa,, (2003) 24 OCR 840; and Nabakishore Sahoo v/s. State of Orissa, : (2004) 29 OCR 683 :, 2004 (II) OLR 556.