Bedabyas Behera vs State Of Odisha
2023 Latest Caselaw 11161 Ori

               IN THE HIGH COURT OF ORISSA AT CUTTACK
                               CRLMC No. 840 of 2023
      Bedabyas Behera                  ....                        Petitioner
                                                 Mr. S.K. Swain, Advocate
                                   Versus
      State of Odisha                  ....                  Opposite Party
                                                Mr. S. S. Mohapatra, ASC

             CORAM:
                        JUSTICE SAVITRI RATHO
                                       ORDER

12.09.2023 Order No.

03. (Through hybrid mode)

1. This application has been filed under Section 482 of Cr.P.C.

challenging the order dated 16.08.2021 passed by the learned Additional

Sessions Judge, Deogarh in Criminal Revision No. 08 of 2021-06/2021

confirming the order dated 05.10.2020 passed by the learned J.M.F.C.,

Reamal in C.M.C. No. 13 of 2020 which arises out of 2(b) C.C. Case No.

47 of 2019 where the case has been registered for commission of

offences punishable under Section 51 of the Wild Life Protection Act.

The prayer of the petitioner (who is an accused in the case) for interim

release of his Gun has been rejected.

2. Mr. S.K. Swain, learned counsel for the petitioner submits that the

petitioner is the owner of the licence holder of one Gun (12 bore SBBL

Gun No. B/4-32701 Dass & Co.) which has been seized in connection

with the case and unless the Gun is released in his interim zima, the same // 2 //

will get irreparably damaged. He produces the judgment dated

05.08.2020 of this Court passed in CRLMC No. 985 of 2020 (Ratnakar

Behera vrs. State of Odisha) in support of his prayer. In the said case,

TATA ACE Pick Up seized in connection a case registered under

Section 52 (a) and 62 (1) of the Odisha Excise Act, had been released.

This is a case under the Wild Life Protection Act where a fire arm has

been seized, hence the decision is not applicable to this case.

3. Mr. Swain, learned counsel prays for a short adjournment to come

prepared with relevant citations.

4. List this matter on 21.09.2023.

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

(Savitri Ratho) Judge Puspa

Signature Not Verified Digitally Signed Signed by: PUSPANJALI MOHAPATRA Designation: Personal Assistant Reason: Authentication Location: Orissa High Court Date: 13-Sep-2023 19:22:13