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Orissa High Court
Barth Santa @ Bharat vs State Of Odisha .... Opposite Party(S) on 15 April, 2026
Author: Sanjeeb K Panigrahi
Bench: Sanjeeb K Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.649 of 2026
Barth Santa @ Bharat .... Petitioner(s)
Santa
Mr. Pramod Chandra Sejpada, Adv.
-versus-
State of Odisha .... Opposite Party(s)
Mr. Raj Bhushan Dash, ASC
CORAM:
HON'BLE DR.JUSTICE SANJEEB K PANIGRAHI
Order No. ORDER
04. 15.04.2026
1.
This matter is taken up through hybrid arrangement.
2. Heard.
3. In filing the present CRLMC, the Petitioner claiming
himself to be the registered owner of the vehicle in
question bearing registration No.OD-10-J-9629 which is
seized for being used in illegal transportation of ID
liquor, has also sought for a direction from this Court to
the authority concerned for releasing the said vehicle in
his zima which is seized in connection with 2(a)CC Case
No.379/2025 pending before the Court of learned
S.D.J.M, Jeypore.
4. Heard.
5. Learned counsel for the Petitioner submits that since the
Designation: Personal Assistant
Location: High Court of Orissa the condition of the said vehicle is going to be
Date: 15-Apr-2026 18:07:22
deteriorated due to direct exposure to the sun and rain.
He, accordingly, prays for a direction for release of the
said vehicle. In order to strengthen the case of the
Petitioner, he also relies on a decision of this Court in
the case of Ratnakar Behera Vrs. State of Odisha 1.
6. At this juncture, learned counsel for the State, on
instruction, submits that a Confiscation Proceeding
pertaining to the above noted vehicle has already been
started. He, in the process, submits that releasing the
said seized vehicle at this stage may hamper the process
of completion of the Confiscation Proceeding. He,
accordingly, prays for dismissal of this CRLMC.
7. Considering the submissions made on behalf of both
the parties and since a confiscation proceeding
pertaining to the above noted vehicle at the instance of
the Petitioner has already been started, this Court is of
the view that the Petitioner should participate in the
said confiscation proceeding. This Court, therefore,
directs the Petitioner to participate in the said
confiscation proceeding and file objection which shall
be considered and disposed of in accordance with law.
8. Looking to the decision relied on by the Petitioner cited
supra, this Court finds that facts of the said case is
different from the present lis. Therefore, the said
Designation: Personal Assistant 1
Reason: Authentication 2020(II)OLR 767
Location: High Court of Orissa
Date: 15-Apr-2026 18:07:22 in CRLMC No.985 of 2020
decision relied on by the learned counsel for the
Petitioner is not applicable to the present case.
9. This CRLMC is, accordingly, dismissed.
(Dr. Sanjeeb K Panigrahi)
Judge
Ayaskanta
Designation: Personal Assistant
Location: High Court of Orissa
Date: 15-Apr-2026 18:07:22
