Madhuri Pradhan vs State Of Odisha
2021 Latest Caselaw 11951 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   CRLREV No. 406 of 2021

                 Madhuri Pradhan                  ....                Petitioner
                                             Mr. P. Chandra Sejpada, Advocate

                                           Versus
                 State of Odisha                 ....               Opp. Party
                                          Mr. Sibani Shankar Pradhan, A.G.A.


                           CORAM:
                           JUSTICE SAVITRI RATHO

                                           ORDER

Order No.                                 22.11.2021

   02.      1.        This matter is taken up through hybrid mode.

2. Heard Mr. P. Chandra Sejpada, learned counsel for the petitioner and Mr. Sibani Shankar Pradhan, learned Addl. Govt. Advocate for the State.

3. This is an application under Section 401 read with Section 397 of Cr.P.C. challenging the order dated 20.08.2021 passed in Criminal Misc. Case No.9 of 2021 arising out of 2(a) C.C. Case No.12 of 2021 pending before the learned District and Sessions Judge -cum- Special Judge, Phulbani, rejecting the application of the petitioner filed under Section 457 of the Code of Criminal Procedure refusing to release the vehicle registered in her name which had been seized in 2(a) C.C. Case No.12 of 2021 registered for commission of offence punishable under Section 20(b)(ii)(C) of the N.D.P.S. Act.

4. Mr. P. Chandra Sejpada, learned counsel for the petitioner states that the petitioner is not an accused in this case and the vehicle had been used without her knowledge. He further states that from 20.04.2021 the vehicle is lying in open space being exposed

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to sun and rain and no useful purpose will be served if the vehicle is detained during pendency of the case as its value will be decrease each day. He relies on the decisions in case of Kishore Kumar Choudhury vs. State of Orissa reported in (2017) 66 OCR 1124 and Sunderbhai Ambala Desai -Vrs.- State of Gujarat reported in (2003) 24 OCR (SC) 444.

5. Mr. Sibani Shankar Pradhan, learned Addl. Govt. Advocate for the State submits that the decisions in case of Subas Chandra Panda vs. State of Orissa reported in (2009) 44 OCR 859, Basanta Kumar Behera vs. State of Orissa reported in (2013) 54 OCR 876 and Balabhadra Nayak vs. State of Orissa reported in (2013) 54 OCR 893 are also relevant. Mr. Pradhan, learned Addl. Govt. Advocate does not dispute the submission that the petitioner is not an accused in the case and submits that in some cases this Hon'ble Court has directed for interim release of the vehicle.

6. Hearing is concluded and Judgment is reserved.

.........................

(Savitri Ratho) Judge Sukanta