Siddi Devendra Reddy vs State Of Odisha
2023 Latest Caselaw 1888 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                              CRLA No.138 2023

              Siddi Devendra Reddy             ....      Appellant


                                  Mr.D.R. Swain, Advocate

                                    -versus-

              State of Odisha                  ....     Respondent

                                  Mr.Rajesh Tripathy,
                                  Addl. Standing Counsel

                                  CORAM:
                             JUSTICE S.K. SAHOO

                                   ORDER

Order No.                       01.03.2023
                              I.A. No. 419 of 2023

01. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

This is an application for condonation of delay of one hundred twenty eight days in preferring the appeal.

After going through the averments taken in the interim application and on hearing the learned counsel for both the parties, I am inclined to condone the delay in filing the CRLA.

Accordingly, delay is condoned.

I.A. is accordingly disposed of.

( S.K. Sahoo) Judge

P.T.O.

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CRLA No.138 2023

02. This appeal has been filed by the appellant seeking for a direction to release the vehicle i.e. Mahindra Renault Logan bearing registration No. TS-36-6158 in his favour, which is stated to have been seized in connection with Orkel P.S. Case No. 111 of 2018.

Learned counsel for the appellant submitted that in the said case, three accused persons, namely, Linga Reddy Bandi, Krishna Veeragani and Gangi Madkami faced trial in the Court of learned Addl. Sessions Judge

-cum- Special Judge, Malkangiri in T.R. No.125 of 2018 for commission of offence under section 20(b)(ii)(C) of the N.D.P.S. Act and vide judgment and order dated 30.07.2022, all of them were acquitted of the said charge and the seized properties were directed to be destroyed four months after the appeal period is over and in case of appeal, the same was to be disposed of according to the orders of the learned appellate Court.

Learned counsel further submitted that he has not filed any application under section 452 of Cr.P.C. before the learned trial Court for release of his vehicle.

In view of the aforesaid facts and circumstances, this appeal is disposed of granting liberty to the appellant to move an application for release of the vehicle first before the learned trial Court. If any such application is moved within a period of two weeks from today, the same shall be disposed of in accordance with law giving

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opportunity of hearing to all the parties concerned. If the seized vehicle i.e. Mahindra Renault Logan bearing registration No. TS-36-6158 has already been destroyed in the meantime as per the judgment and order of the learned trial Court dated 30.07.2022, then the consideration of the application under section 452 of Cr.P.C. would not arise.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge

PKSahoo