[Cites 4, Cited by 0]
Orissa High Court
Bikash Digal vs State Of Odisha & Others ..... Opposite ... on 1 December, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.4703 of 2025
Bikash Digal ..... Petitioner
Represented By Adv. -
Suryakanta Dwibedi
-versus-
State Of Odisha & Others ..... Opposite Parties
Represented By Adv. -
Ms. B.K.Sahu, A.G.A.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
01.12.2025
Order No.
02. 1. This matter is taken up through Hybrid mode.
2. Heard learned counsel for the Petitioner as well as learned
counsel for the State. Perused the application as well as the prayer
made therein.
3. By filing the present application under Section 528 of the
B.N.S.S., the Petitioner seeks to invoke the jurisdiction of this Court
for a direction to the Opposite Parties particularly Opposite party
No.3 i.e. Inspector of Police, STF, CID, Bhubaneswar to comply
with the order dated 17.06.2025 passed by the learned 3 rd Addl.
Sessions Judge, Bhubaneswar in Crl. Misc. Case No.13 of 2025 and
to release the vehicle of the Petitioner which was seized in
connection with the aforesaid case in terms of order dated
17.06.2025.
4. Learned counsel for the Petitioner at the outset contended that
the vehicle belonging to the Petitioner, which is Hyundai EON
ERA+ Coral 'White colour', bearing Regd. No.OD-33-A-3300, was
seized in connection with a crime which is punishable under Section
20(b)(ii)(C)/29 of the NDPS Act. On the allegation of possessions of
52.6kg of contraband ganja. In course of trial, the Petitioner moved
an application under Section 457 of the Cr.P.C. claiming ownership
of the vehicle seized and for release of the vehicle in his favour as
the ostensible owner thereof. Such application filed by the Petitioner
for release of the vehicle was considered by the learned 3 rd Addl.
Sessions Judge, Bhubaneswar and, vide order dated 17.06.2025, by
virtue of a detailed judgment, the learned trial court referring to the
judgment of the division bench of this Court in Ashish Ranjan
Mohanty vs. State of Odisha & Ors. in W.P.(C) No.31622 of 2021
and State of Odisha vs. Registrar General, Orissa High Court,
Cuttack in W.P.(C) No.32580 of 2021 directed interim release of the
vehicle in favour of the Petitioner who happens to be the registered
owner of the vehicle. The release of the vehicle was subject to the
condition as mentioned in Para-7 of the order dated 17.06.2025. It is
not disputed at bar that order dated 17.06.2025 has attained finality
since the same has not been challenged any further before any higher
forum.
5. Learned counsel for the State submitted before this Court that
despite her best efforts she could not obtain instructions in the
matter.
6. Having regard to the submissions made by the learned
counsels appearing for both sides, further keeping in view the order
dated 17.06.2025 passed by the learned 3 rd Addl. Sessions Judge,
Bhubaneswar, this Court deems it proper to dispose of the present
application by directing the Opposite party No.3 to implement the
order dated 17.06.2025 passed by the learned 3rd Addl. Sessions
Judge, Bhubaneswar, if the same has attained finality in the
meantime, within a period of four weeks from today and to release
the vehicle interimly in favour of the Petitioner subject to the terms
and conditions mentioned in Para-7 of the order dated 17.06.2025.
7. With the aforesaid observations and directions, the CRLMC
application stands disposed of.
( Aditya Kumar Mohapatra )
Judge
Rubi
