Orissa High Court
Uttam Mandal vs State Of Odisha ..... Opposite Party on 14 October, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.3525 of 2025
Uttam Mandal ..... Petitioner
Represented By Adv. -
Arun Kumar Budhia
-versus-
State Of Odisha ..... Opposite Party
Represented By Adv. -
Ms. S.Nayak, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
Order No. 14.10.2025
02. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical 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 B.N.S.S.
the Petitioner seeks to invoke the inherent jurisdiction of this Court to
quash the impugned orders dated 02.05.2025 at Anenxure-1 passed
by the learned S.D.J.M., Rairangpur in 2(a) C.C. No.177 of 2025
thereby rejecting the Petitioner's prayer for interim release of his
Honda Activa Scooty which was seized by the Excise Officer. The
aforesaid order dated 02.05.2025 was challenged before the learned
Revisional Court i.e. Additional Sessions Judge, Rairangpur in
CRLREV No.8 of 2025 and learned Revisional Court vide judgment
dated 25.07.2025 has been pleased to dismiss the revision thereby the
order passed by the learned S.D.J.M., Rairangpur has been upheld.
Learned Revisional Court while dismissing the revision application
of the Petitioner has referred the judgment of this Court in Santosh
Kumar Das vs. State of Orissa reported in (2023) 89 OCR 236,
wherein it has held that an application under Section 457 of the
Cr.P.C. will not be maintainable in view of the bar contained under
Section 71 of the Odisha Excise Act and no such prayer for interim
release of the vehicle can be entertained once the confiscation
proceeding has already been initiated in respect of the vehicle in
question. The aforesaid judgment in Santosh Kumar Das's case
(supra) has also been followed subsequently in Manjulata Bhuyan
vs. State of Odisha in CRLMC No.5221 of 2023.
4. This Court, on a careful analysis of the provision contained
under Section 71 of the Odisha Excise Act, 2008, found that proviso
to Section 71 sub Section 7 provides that the seized property shall not
be released during pendency of the confiscation proceeding even on
the application of the owner of the property for such release. In such
view of the matter, this Court is of the view that the application under
Section 457 at the instance of the owner of the vehicle is not
maintainable. Moreover, in view of the fact that the confiscation
proceeding has already commenced the petitioner should have
approached the Competent Authority under the Odisha Excise Act
and participated in the confiscation proceeding. In view of the
aforesaid taken position, this Court is not inclined to entertain this
application at the instance of the Petitioner. Accordingly, the same is
disposed of by granting liberty to the Petitioner to approach the
Competent Authority before whom the confiscation proceeding is
pending by filing an appropriate application. In such eventuality, the
Competent Authority shall pass necessary orders in accordance with
law. In the event such application is filed, the same shall be
considered in accordance with law as expeditiously as possible.
5. With the aforesaid observations and directions, the CRLMC
stands disposed of.
( A.K. Mohapatra )
Judge
Rubi
