GHASANA MAHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner, in this application under Section 482 of Cr.P.C. has assailed the order passed by the learned S.D.J.M., Boudh on 29.03.2018 in Misc. Case No. 17 of 2018, arising out of 2(a) C.C.No.14 of 2018, thereby rejecting application filed by the petitioner under Section 457 of Cr.P.C. seeking the interim release of vehicle bearing Registration No. OD-27-8277 in favour of the petitioner, who happens to be the owner of the vehicle.

(2.) It is alleged by the prosecution that on 13.03.2018 the Sub-Inspector of Excise, Harbhanga arrested one Jitendra Kumar Mishra, who is driver of the vehicle and recovered 24 liters of Beer and 8.640 liters of I.M.F.L. kept in a paper cartons and a case under Section 52(a) (i) of the Odisha Excise Act, 2008 was initiated. The Sub-Inspector of Excise also seized the aforesaid vehicle. The seized vehicle is in the custody of the said officer.

(3.) It is claimed by the petitioner that he being the owner of the vehicle had no idea of the alleged crime. The owner is neither arrayed as an accused nor allegation has been levelled against her by the Excise Department in the prosecution report submitted.