Orissa High Court
Mohammad Amzad vs State Of Odisha ..... Opp. Party on 15 September, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.3650 of 2025
Mohammad Amzad ..... Petitioner
Represented By Adv. -
Chiranjib Rout
-versus-
State Of Odisha ..... Opp. Party
Represented By Adv. -
B.K. Sahu, A.G.A.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
15.09.2025
Order No.
01. 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-Opposite Party. Perused the application as
well as the prayer made therein.
3. By filing the present application under Section 528 of the
BNSS the Petitioner seeks to challenge the order dated 09.04.2025
passed by the learned Addl. District and Sessions Judge, Athagarh
in Criminal Revision No.01 of 2025 thereby confirming order
dated 21.01.2025 passed by the learned JMFC, Baramba in Crl.
Misc. No.27 of 2024 arising out of G.R. Case No.298 of 2024
which corresponds to Baramba P.S. Case No.210 of 2024.
4. By virtue of the impugned order dated 21.01.2025 the
learned trial court has allowed the application of the Petitioner
under Section 503 of the BNSS for release of his vehicle,
however, such release was subject to the terms and conditions
mentioned in order dated 21.01.2025. The Petitioner being
aggrieved by the conditions imposed by the learned trial court
preferred a criminal revision before the learned Addl. District and
Sessions Judge, Athagarh in Criminal Revision No.1 of 2025. The
learned Addl. District and Sessions Judge, Athagarh disposed of
the revision application vide order dated 09.04.2025 at annexure-4
thereby confirming the order passed by the learned JMFC,
Baramba.
5. On perusal of the order passed by the learned JMFC,
Baramba dated 21.01.2025 it appears that the learned trial court,
after taking note of the several judgments, has been pleased to
pass an order releasing the vehicle in question in favour of the
Petitioner subject to the condition that the Petitioner shall deposit
the cost of maintenance of 7 nos. of cattle which was being
transported illegally till disposal of the trial. The order further
reveals that the cattle have been left in the zima of the Secretary of
Goshala, Giridhapali, Khandapada. Further, referring to the Rule-
5(4) of the Prevention of Cruelty to Animals (Care and
Maintenance of case Property Animals) rules, 2017, the Petitioner
is required to deposit the maintenance costs of such animals and
subject to such deposit the vehicle can be released. Accordingly,
this Court is of the view that the learned trial court as well as
learned Revisional Court have not committed any illegality in
passing the aforesaid order.
6. On a careful consideration of the orders passed by the
learned courts below, this court found that the amount has not
been quantified. In such view of the matter, the present CRLMC
application is being disposed of with the only modification that
the Petitioner shall deposit Rs.70,000/- (Rupees Seventy
Thousand) before the learned trial court towards care and
maintenance of the animals. It is further directed that subject to
depositing of Rs.70,000/- (Rupees Seventy Thousand), the vehicle
shall be interimly released in favour of the owner subject to him
furnishing an undertaking that he shall not indulge in similar
criminal offences. It is further directed that the learned trial court
shall make every endeavour to ensure that the trial is concluded as
expeditiously as possible.
7. With the aforesaid observations/ directions, the CRLMC
application stands disposed of.
( A.K. Mohapatra )
Judge
Anil
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 16-Sep-2025 10:17:51
