Mrs. Qadiram vs State Of Odisha
2021 Latest Caselaw 8686 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CRLA No.129 of 2021

              Mrs. Qadiram                        ....       Appellant

                                  Mr. Srikar Kumar Rath,
                                  Advocate

                                       -versus-
              State of Odisha                     ....     Respondent

                                  Mr. D.K. Pani,
                                  Addl. Standing Counsel

                                   CORAM:

                             JUSTICE S.K. SAHOO
                                   ORDER

Order No.                         19.08.2021


   07.           This    matter   is    taken     up   through    Hybrid

Arrangement (Video Conferencing/Physical Mode).

Issue notice on the question of admission indicating therein that the matter shall be disposed of at the stage of admission.

An extra copy of the appeal memo be served on the learned counsel for the State.

In this appeal, the appellant has prayed to set aside the operative portion of the impugned judgment and order dated 13.11.2020 passed by the learned Sessions Judge -cum- Special Judge, Malkangiri in T.R. Case No.55 of 2019 in which while acquitting the // 2 //

accused persons Kailash Chandra Patnaik and Ishat Ram Mishra of the charge under section 20(b)(ii)(C) of the N.D.P.S. Act, the learned trial Court directed that the seized vehicle be confiscated to the State. A further prayer is made that the learned trial Court be directed to release the Mahindra Scorpio S+61.99 Model vide bearing Registration No.DL8CY6480, Engine No.WCG4A15399, Chasis No.MA1TA2WCXG2A18144 in favour of the appellant.

When a query was made by this Court to the learned counsel for the appellant as to whether the appellant is the owner of the said vehicle or he is a Special Power Attorney holder of the owner of the vehicle, learned counsel for the appellant submitted that the appellant is the registered owner of the vehicle and he would file the necessary documents before this Court to substantiate such aspect by the next date giving a copy thereof to the learned counsel for the State.

Let the learned counsel for the State obtain instruction in the matter, particularly, the registration number of the vehicle involved in Mathili P.S. Case No.88 dated 16.05.2019 and as to whether during course of investigation, the Investigating Officer has ascertained the ownership of the offending vehicle or not.

// 3 //

List this matter on 02.09.2021.

A free copy of the order be handed over to the learned counsel for the State.

The Xerox copy of the L.C.R. be sent by the learned trial Court in the meantime.

( S.K. Sahoo) Judge

I.A. No.228 of 2021

08. Heard.

The operative portion of the impugned judgment relating to the confiscation of the seized vehicle shall remain stayed until further orders.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge RKM