Orissa High Court
Suresh Kumar Sahoo vs State Of Odisha & Ors. .......... ... on 24 September, 2025
Author: Sanjeeb K Panigrahi
Bench: Sanjeeb K Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 8839 of 2025
Suresh Kumar Sahoo ........ Petitioner(s)
Mr. Braja Mohan Sarangi, Adv.
-Versus-
State of Odisha & Ors. .......... Opposite Party(s)
Mr. Debasish Nayak, AGA
CORAM:
DR. JUSTICE SANJEEB K PANIGRAHI
ORDER
24.09.2025
Order No.
04. 1. This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the parties.
3. In this Writ Petition, the Petitioner seeks a direction from this
Court to release the seized vehicle bearing Registration No.OD05G
5785 (Truck) citing prolonged detention without initiation or
conclusion of confiscation proceedings, and undertakes to comply
with any conditions that may be imposed by this Court.
4. Learned counsel for the Petitioner submits that this Court has
earlier decided the similar issue in the judgment dated 09.05.2025
passed in W.P.(C) No.21265 of 2024 (Abhinash Biswal vrs. State of
Odisha and Ors.). Hence, he submits that this Writ Petition may be
disposed of in the light of the judgment passed in the case of
Abhinash Biswal (supra).
Designation: Personal Assistant
5. Learned counsel for the State submit that he has no objection, if
this matter is disposed of in the light of the judgment passed in the
case of Abhinash Biswal (supra).
6. On perusal of the records and the judgment passed in the case of
Abhinash Biswal (supra), it appears that similar issue has already
been decided by this Court in the said judgment which was
disposed of on 09.05.2025. The ordering portion of the said
judgment is as follows:
"xxx xxx xxx
11. In light of the aforementioned judicial precedents, the release of the
vehicle emerges as the most judicious course of action. Keeping the
vehicle immobilized for an indefinite period does not advance the
prosecution's case and only results in an unjustifiable loss to the
registered owner.
12. Accordingly, it is held that the vehicle in question shall be
released to the Petitioner, subject to the following conditions:
(i) The Petitioner shall produce the original registration
certificate, insurance paper before the concerned Police Station
which shall be verified properly and true attested copies
thereof shall be retained by the I.O/IIC of the concerned Police
Station;
(ii) The Petitioner shall not change the colour or any part of the
engine and chassis number of the vehicle.
(iii) Petitioner shall furnish two photographs of the vehicle
before taking delivery of the same
(iv) The Petitioner shall not transfer the ownership of the
vehicle in favour of any other person;
(v) The Petitioner shall produce the vehicle before the Court as
and when called upon;
(vi) The Petitioner shall not allow the vehicle to be used in the
commission of any offence; and
(vii) The Petitioner shall furnish property/cash security of
Rs.3,00,000/- (rupees three lakh only).
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13. In case of violation of any of the conditions by the Petitioner, this
order shall not be applicable.
14. In addition to the above, the concerned authorities are hereby
directed to initiate and carry forward the confiscation proceedings, if
any, strictly in accordance with law. The authorities shall ensure that
such proceedings are concluded expeditiously and in a time-bound
manner so as to avoid any undue prejudice to the petitioner and to
uphold the sanctity of the legal process."
7. Considering the submissions made by the learned counsel for
the parties and taking into account the judgment dated 09.05.2025
passed in W.P.(C) No.21265 of 2024, this Court is inclined to accede
to the submissions of the learned counsel for the Petitioner.
Accordingly, it is held that the vehicle in question shall be released
to the Petitioner, subject to the following conditions:
(i) The Petitioner shall produce the original registration
certificate, insurance paper before the concerned Police
Station which shall be verified properly and true attested
copies thereof shall be retained by the I.O/IIC of the
concerned Police Station;
(ii) The Petitioner shall not change the colour or any part
of the engine and chassis number of the vehicle.
(iii) Petitioner shall furnish two photographs of the vehicle
before taking delivery of the same
(iv) The Petitioner shall not transfer the ownership of the
vehicle in favour of any other person;
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(v) The Petitioner shall produce the vehicle before the
Court as and when called upon;
(vi) The Petitioner shall not allow the vehicle to be used in
the commission of any offence; and
(vii) The Petitioner shall furnish property/cash security of
Rs.3,00,000/- (rupees three lakh only).
8. In case of violation of any of the conditions by the Petitioner, this
order shall not be applicable.
9. In addition to the above, the concerned authorities are hereby
directed to initiate and carry forward the confiscation proceedings,
if any, strictly in accordance with law. The authorities shall ensure
that such proceedings are concluded expeditiously and in a time-
bound manner so as to avoid any undue prejudice to the petitioner
and to uphold the sanctity of the legal process."
10. Accordingly, the Writ Petition is disposed of.
( Dr. Sanjeeb K. Panigrahi)
Judge
Murmu
Designation: Personal Assistant
