Ranjan Barik @ Ranjan Kumar Barik vs State Of Odisha And Others .... Opp. ...
2024 Latest Caselaw 10684 Ori

Orissa High Court

Ranjan Barik @ Ranjan Kumar Barik vs State Of Odisha And Others .... Opp. ... on 27 June, 2024

Author: K.R. Mohapatra

Bench: K.R. Mohapatra

Signature Not Verified
Digitally Signed
Signed by: MADHUSMITA SAHOO
Designation: Senior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 28-Jun-2024 12:56:44



                                                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                                 W.P(C) No. 13191 OF 2024
                                               Ranjan Barik @ Ranjan Kumar Barik           ....        Petitioner
                                                                          Mr. Pramod Kumar Jena, Advocate

                                                                           -versus-
                                               State of Odisha and others                  ....     Opp. Parties
                                                                                     Mr. Swayambhu Mishra,
                                                                                  Additional Standing Counsel

                                                     CORAM:
                                                     JUSTICE K.R. MOHAPATRA
                                                                      ORDER

                      Order No.                                      27.06.2024

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

2. The Petitioner in this writ petition prays for a direction to consider his representation dated 9th March, 2024 (Annexure-7 series) and to release his vehicle bearing Registration No.OD- 01-AA-3172 [Yamaha (FZS)].

3. It is submitted by Mr. Jena, learned counsel that the aforesaid vehicle of the Petitioner was seized in connection with an offence under the Odisha Excise Act, 2008 (for brevity 'the Act'). Since the vehicle is kept under open sky, it is open to the vagaries of the nature. Hence, he prays for release of the vehicle on the terms and conditions to be fixed by this Court.

4. Mr. Mishra, learned Additional Standing Counsel vehemently objects to the same. It is his submission that Confiscation Proceeding No.40/2022-23 in respect of the aforesaid vehicle is pending before the Authorized Officer-cum- Superintendent of Excise, Bhadrak. A prayer was made before

Designation: Senior Stenographer

Location: High Court of Orissa, Cuttack Date: 28-Jun-2024 12:56:44

learned J.M.F.C., Basudevpur in Criminal Misc. Case No.75 of 2022 for release of the said vehicle. But the same was rejected vide order dated 6th April, 2023 on the ground that confiscation proceeding is pending in respect of the aforesaid vehicle. Assailing the same, the Petitioner preferred Criminal Revision No.12 of 2023. Learned District & Sessions Judge, Bhadrak in his judgment dated 23rd February, 2024 under Annexure-6, dismissed the revision holding that interim release of the vehicle is not permissible during pendency of the confiscation proceeding under the Act. In spite of the same, the Petitioner submitted a representation to the Authorized Officer-cum- Superintendent of Excise, Bhadrak for release of the vehicle. This writ petition has been filed with a prayer to dispose of such representation.

5. Taking note of the submissions made by learned counsel for the parties and on perusal of the materials on record, it appears that the prayer for interim release of the vehicle has already been rejected by learned J.M.F.C., Basudevpur and learned District & Sessions Judge, Bhadrak. It also appears that while adjudicating the matter, learned District & Sessions Judge, Bhadrak relied upon the case of Santosh Kumar Das -v- State of Odisha, reported in 2023 89 OCR-236, in which it is held that in view of specific bar under Section 72 of the Act, interim release of the vehicle is not permissible during pendency of a confiscation proceeding. Admittedly, a confiscation proceeding is pending before the Authorized Officer-cum-Superintendent of

Designation: Senior Stenographer

Location: High Court of Orissa, Cuttack Date: 28-Jun-2024 12:56:44

Excise, Bhadrak in respect of the aforesaid vehicle. As such, the prayer made in this writ petition is misconceived.

6. Hence, the writ petition being devoid of any merit stands dismissed.

Urgent certified copy of this order be granted on proper application.

                                                                           (K.R. Mohapatra)
              ms                                                                 Judge