SURENDRANATH PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this CRLMC challenge is made to the order dated 22. 11. 2007 passed by the learned Addl. Sessions Judge-cum-Special Judge, malkangiri in C. T. Case No. 112 of 2006 by which he refused to release the seized vehicle in the zima of the petitioner.

(2.) THE factual backdrop is as follows. On 5. 4. 2006, accused Surendranath Panda (the present petitioner) was found transporting 69 Kg. of contraband Ganja in a tata-Ace car which vehicle was intercepted by the O. I. C. Orkel Police Station. Charge-sheet was placed after investigation under Section 20 (b) (i) and 29 (1) of the n. D. P. S. Act against the petitioner. The petitioner came up with a prayer for release of the said vehicle, which was rejected by the learned Addl. Sessions Judge on 22. 11. 2007 occasioning the present crlmc.

(3.) THE learned counsel for the petitioner has submitted that the vehicle was purchased on loan and as the same has been seized and detained at the Orkel Police station, the accused is not able to pay back the instalments. It is further submitted that the accused undertakes to maintain the vehicle in a roadworthy condition and undertakes to produce the same as and when directed by the Court. Learned counsel for the State has opposed the submission and has contended that since the vehicle is liable to be confiscated, the release of the vehicle will cause prejudice to the prosecution.