Orissa High Court
Sambhu Kumar Sahoo vs State Of Odisha ... Opposite Party(S) on 11 February, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 43 of 2025
Sambhu Kumar Sahoo .... Petitioner(s)
Mr. D. Das, Advocate
-versus-
State of Odisha ... Opposite Party(s)
Mr. B. Nayak, AGA
CORAM: JUSTICE SIBO SANKAR MISHRA
ORDER
11.02.2025
Order No.
01. 1. Heard.
2. The application of the petitioner under Section 457 Cr.P.C.
has been rejected by the learned SDJM, Panposh, Rourkela. The
petitioner has taken up the matter to the revisional court by filing
Criminal Revision No.9 of 2024 before the 2nd Addl. Sessions
Judge, Rourkela. The revisional court vide its detailed judgment
dated 08.10.2024 rejected the prayer of the petitioner under Section
457 Cr.P.C. for release of the jewelery items seized in the case.
While rejecting the prayer, the revisional court, inter alia, has
observed as under:-
6. Perused the case record in GR case No.2249/2023 and ST
122 of 2024 along with connected papers. The case has been
registered U/s 394 of IPC. The I.O. has submitted the seizure
list which indicates that 51 nos. of gold neck chain weighing
about 394.230 grams, 20 nos. of gold finger ring weighing
37.510 grams and one melted gold piece 81.050 grams were
seized by the I.O from the possession of the accused and later
on the said seized articles have been submitted in the Court
Malkhana. It is submitted by the petitioner that 85 pieces of
gold chain and 5 pieces of gold bracelet were sent to Koikata
for repair and polish through his staff Pradip Kumar Soni vide
challan no.PC-JW/1/23/24 on 12.12.2023. Further, it is
submitted that on 15.12.2023 when Pradip Kumar Soni
returned from Koikata some persons committed theft of said
gold ornaments from him near Kali temple, Rourkela. In order
to substantiate the ownership of the petitioner over the seized
gold ornaments, the petitioner has submitted the original
invoice RD Karel jewellers, SG Karel and sons Jewelers Pvt.
Ltd., Swaranshilp Chains & Jewellers Pvt. Ltd. in six sheets.
On perusal of the entire tax invoice attached to the record it is
found that the bills have been prepared in the year 2023 with
regard to certain gold ornaments and in the present
circumstances the occurrence took place on 15.12.2023 and the
month mentioned in the purchase bill are prepared all prior to
the month of occurrence. All the original invoices of RD Karel
Jewelers, SG Karel and sons Jewelers Pvt. Ltd., Swaranshilp
Chains & Jewelers Pvt. Ltd are prepared without any proper
description and quantity. Considering this fact the learned trial
court has held that the identity of the seized article are in
dispute as because the specific number and the quantity has not
been mentioned exactly and only the payament of amount
including the GST is reflected in the tax invoice. Furthermore,
the trial court has observed that question arises that 58 gold
chain and 5 bracelates has been sent to Kolkata but the seizure
list reflects that seizure of only 51 nos. gold chain and other
gold ornaments like gold finger ring and melted piece has been
recovered but no gold bracelet has been recovered from the
possession of the accused during the course of investigation.
Presently, the investigation is still in progress and as per the
report submitted by the lO it is found that the complainant has
not produced any valid documents before the 10 in support of
the seized gold ornaments. It is an admitted fact that the
petitioner has purchased some gold ornaments from different
manufacturers by way of invoices. But in the said invoices there
is no proper description of gold ornaments. Further, the case
record reveals no TI parade of seized gold ornaments has been
conducted for proper identification of gold ornaments. Further,
there is discrepancy as to the seized gold ornaments and the
claim made by the petitioner. This appellate court has perused
the order of the learned trial Court who rejected the petition
filed by the petitioner and held that the petitioner has failed to
prove his ownership as to the seized articles.
Accordingly, this Revisional court is of the view that there is no
error or illegality committed by the trial court in passing the
impugned order.
Hence, the order.
The Revision is dismissed on contest. The order dated
02.05.2024 passed by the learned SDJM, Panposh, Rourkela in
Crl. Misc. Case No.127 of 2024 is hereby confirmed."
3. Learned counsel for the petitioner submits that the
petitioner has enough material to show the ownership of the
jewellery items sought to be released under Section 457 Cr.P.C. She
seeks liberty to move a fresh application along with the necessary
documents before the court below for the release of the articles
showing his ownership.
4. In view of the aforementioned, liberty is granted to the
petitioner to move fresh application alongwith ownership
documents before the learned trial court seeking release of the gold
ornaments. If such application is moved, the learned trial court shall
do well to deal with the contentions raised by the petitioner without
being influenced by the observation made by the revisional court.
5. With the aforesaid observation, the CRLMC is disposed of.
Digitally Signed Judge
Signed by: ASHOK KUMAR JAGADEB
MOHAPATRA
Reason: Authentication
Ashok
Location: High Court of Orissa
Date: 12-Feb-2025 13:54:51
