Citation : 2023 Latest Caselaw 6668 Ori
Judgement Date : 19 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.2794 of 2021
M/s. Manappuram Finance Ltd. .... Petitioner
M/s. J.K.J. Samanta, Advocate and associates
-versus-
State of Odisha and another .... Opposite Parties
Mr. P.K. Mohanty, A.S.C. for the State
CORAM:
THE CHIEF JUSTICE
ORDER
Order No. 19.05.2023
01. 1. By the impugned judgment dated 8th November 2021, the learned 3rd Additional Sessions Judge, Cuttack has dismissed the Petitioner's Criminal Revision No.100 of 2021 thereby affirming an order dated 29th April 2021 passed by the SDJM (S), Cuttack in Crl. Misc. Case No.31 of 2021 arising out of G.R. Case No.1426 of 2020 in connection with Lalbag P.S. Case No.294 of 2020 whereby the Petitioner-Company was seeking release of the jewellery in which had been seized by the Police. The SDJM had directed the concerned I.O. to keep the seized gold articles in a locker in a nationalized Bank.
2. The factor that weighed with the trial court was that the real owners of the seized gold ornaments were yet to be ascertained. Moreover, the jewels were not shown to belong to the customers of the Petitioner either. As regards having to produce the seized gold articles for the purpose of audit, the 3rd Additional Sessions Judge
Signature Not Verified Digitally Signed Signed by: SUBASH KUMAR GUIN Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack Date: 20-May-2023 15:10:52 had clarified that "the copy of the seizure list supplied to them by the IO during seizure can be produced before the audit authority and the physical production of the seized valuables is not necessary."
3. Having heard learned counsel for the parties, the Court is unable to find any ground made out for interference with the impugned judgment of the 3rd Additional Sessions Judge or the trial court. The present petition is accordingly dismissed.
(Dr. S. Muralidhar) Chief Justice
S.K. Guin
Signature Not Verified Digitally Signed Signed by: SUBASH KUMAR GUIN Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack Date: 20-May-2023 15:10:52
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