Orissa High Court
Prasana Bisoi vs State Of Odisha .... Opp. Party on 27 January, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.4732 of 2024
Prasana Bisoi .... Petitioner
Mr. Sangram
Keshari Rout,
Advocate
-versus-
State of Odisha .... Opp. Party
Mr.Bibekananda
Nayak, AGA
CORAM:
JUSTICE SIBO SANKAR MISHRA
Order ORDER
No. 27.01.2025
01. 1. The petitioner is aggrieved by the order dated
07.10.202 passed by the learned S.D.J.M., Koraput
in M.C. No.04/2024, whereby his application under
Section 457 Cr. P.C. for release of the Hero Splendor
Motor Plus Cycle has been rejected.
2. It is alleged by the prosecution that the said
motor cycle was employed for carrying the
contraband and it was seized by the police.
3. Learned counsel for the petitioner contended
that, the petitioner is not the accused in the N.D.P.S.
case in which the motor cycle has been seized. He is
the owner of the motor cycle and he had moved an
application under Section 457 Cr. P.C. for release of
the said vehicle. The trial Court, vide impugned order
dated 07.10.2024, has rejected the application of the
petitioner, inter alia, observing as under:
"5. After the aforesaid judgment rendered by a
Division Bench of this Court, this Court is of the
view that the prayer for release of the vehicle in
question of the petitioner is no more survives as
the same is subject to pre-trial disposal as per
Section 52-A of the NDPS Act."
4. Learned counsel for the petitioner has placed
on record the recent judgment of the Division Bench
dated 15.01.2025 passed in CRLREV No.503 of
2022 & batch, Rabindra Kumar Behera v. State
of Odisha The Division Bench, after taking into
consideration various judgments of the Hon'ble
Supreme Court and our own High Court, has inter
alia, held as under:
"13. On a consideration of the submission of the learned
counsel, the provisions of Section - 451 and 457 of the Cr.P.C
and Section 51 of the NDPS Act, and the decision of the
Supreme Court in the case of Bishwajit Dey (supra), we
answer the reference in the following manner:-
(i) There is no specific bar/restriction under the
provisions of the NDPS Act for return of any seized
vehicle used for transporting narcotic drug or
psychotropic substance in the interim, pending disposal
of the criminal case.
(ii) In the absence of any specific bar under the NDPS
Act and in view of Section 51 of NDPS Act, the Court can
invoke the general power under Sections 451 and 457 of
the Cr.P.C. for release of the seized vehicle pending final
decision in the criminal case.
(iii) The Court has the discretion to release the seized
vehicle in the interim but the power has to be exercised
in accordance with law, in the facts and circumstances in
each case.
(iv) If the Court decides to exercise its discretion to
release a vehicle in the during pendency of the criminal
case, suitable conditions have to be imposed to ensure its
identification and production during trial with an
embargo on its sale and / or transfer till conclusion of
the trial and for submission of a specific undertaking for
production of such vehicle."
5. In view of the law laid down by the Division
Bench of this Court in the case of Rabindra Kumar
Behera (Supra), I am inclined to allow the present
petition and set aside the order dated 07.10.202
passed by the learned S.D.J.M., Koraput in M.C.
Case No.04/2024 and remand the matter back to the
learned trial Court for reconsideration of the
application under Section 457 Cr. P.C. afresh in the
light of the judgment of division bench of this Court.
(S.S. Mishra)
Judge
Subhasis
Designation: Personal Assistant
Location: High Court of Orissa, Cuttack.
Date: 27-Jan-2025 19:27:23
