Orissa High Court
Jaba Murmu vs State Of Odisha & Another ..... Opp. ... on 13 May, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No. 1318 of 2025
Jaba Murmu ..... Petitioners
Mr. Sangram Keshari Mishra, Advocate
-versus-
State of Odisha & Another ..... Opp. Parties
Mr. S. N. Biswal, A.S.C.
CORAM:
HON'BLE MISS JUSTICE SAVITRI RATHO
ORDER
13.05.2025
Order (Through hybrid mode)
No.
04.
1. This CRLMC has been filed challenging the order dated
04.11.2024 passed in Misc. Case No. 60 of 2024 (arising out of
2(a)CC No. 60 of 2024) filed by the petitioner under Section 457 of
the Cr.P.C. for release of the Honda Activa DLX bearing
registration No. OD-11AC-3703 which has been seized in
connection with a case under Section 52(a) of the Odisha Excise
Act registered against Sunaram Murmu-her husband.
2. The application has been rejected on the ground that the
confiscation proceeding had already been initiated in the case and as
per provision under Section 52(a) of the Odisha Excise Act, the
vehicle is liable for confiscation and as confiscation proceeding had
already been initiated, the Court lacks jurisdiction to entertain the
petition.
3. Mr. Mishra, learned counsel for the petitioner submits that
the impugned order is liable for interference on the following
grounds;
(i) Since the petitioner was not an accused in the case, the vehicle
should have been released in her favour.
(ii) Pendency of the confiscation proceeding is not a bar for
releasing the vehicle in the custody of the petitioner in view of the
decisions of this Court and the Supreme Court.
In support of his submission, he relies on the decisions of this
Court and the Supreme Court in the case of Ashis Ranjan Mohanty
vs. State of Orissa: 2022 (1) ILR CTC 495, State of Odisha vs.
Registrar General Orissa High Court: 2022 1 ILR CTC 482,
Sunderbhai Ambala Desai vs. State of Gujurat : (2002) 10 SCC
283 and Aswini Kumar Das vs. State of Odisha (in CRLMC No.
174 of 2022 decided on 12.08.2022)
He further submits that as the vehicle is lying in open in the
Excise Office exposed to the elements and miscreants even if final
order is passed in the confiscation proceeding, to confiscate the
vehicle, no useful purpose will be served as in the meanwhile the
vehicle would have been irretrievably damaged and its parts stolen.
He finally submits that in the meanwhile the husband of the
petitioner has been acquitted by judgment dated 21 st February, 2025
passed in 2aCC No. 85 of 2024/Trial No. 728 of 2024/CIS No. 118
of 2024 by the learned JMFC, Jaleswar. The vehicle of the
petitioner should be released.
4. Mr. S. N. Biswal, learned Additional Standing Counsel fairly
submits that in order to protect the condition of the vehicle and as
per the decision of this Court in the case of Laxman Srinivasan vs
Republic of India(CBI) judgment dated 10th April, 2025, and in
view of the acquittal of her husband, the vehicle may be released
but may be subject to any order which may be passed in appeal or
revision by the higher Court.
5. List this case for judgment on 16.05.2025.
(Savitri Ratho)
Judge
Subhalaxmi
Signed by: SUBHALAXMI PRIYADARSHANI
Location: Orissa High Court, Cuttack
