Citation : 2026 Latest Caselaw 1668 Ori
Judgement Date : 23 February, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.5615 of 2025
Subhamitra Nayak .... Petitioner(s)
Mr. Manas Kumar Chand, Adv.
-versus-
State of Orissa .... Opposite Party(s)
(Vigilance)
Mr. Niranjan Moharana, SC
for the Department of Vigilance
CORAM:
HON'BLE DR.JUSTICE SANJEEB K PANIGRAHI
Order ORDER
No. 23.02.2026
04. 1. This matter is taken up through hybrid arrangement.
2. In filing this CRLMC, the Petitioner being the sister-in-
law of the accused who has been booked based on the
allegation of possession of disproportionate assets, has
challenged the impugned order dated 27.10.2025 passed in
Criminal Misc. Case No.174 of 2023 arising out of V.G.R
No.52 of 2019, Cuttack Vigilance Cell P.S. Case No.17 of
2019 vide Annexure-1.
Apart from the above, the Petitioner has also sought for a
direction from this Court for releasing the gold and silver
ornaments which are seized from her Bank locker bearing
No.368, Union Bank, Madhusudan Nagar Branch in
Designation: Personal Assistant Reason: Authentication 3. Heard.
Location: High Court of Orissa Date: 23-Feb-2026 18:38:43
4. Challenging the impugned order dated 27.10.2025
passed in the above noted Criminal Misc. Case, learned
counsel for the Petitioner submits that the gold and silver
ornaments seized from the above noted Bank locker of the
Petitioner do not belong to the accused rather the said
ornaments were gifted to her by her mother-in-law and
her husband. He further contends that the Petitioner is
sister-in-law of the accused and her ornaments and other
valuable documents lying in the above noted Bank locker
have been seized only on suspicion. He, accordingly, prays
for allowing the prayer made in this CRLMC.
5. In his opposition, learned counsel for the Opposite
Party/Vigilance Department submits that the investigation
is going on and the seized materials are the subject matter
of disproportionate assets of the accused person. He
further contends that the Petitioner was also failed to
explain the source of procurement of the seized materials
at the time of seizure. He, accordingly, prays for dismissal
of this CRLMC.
6. Considering the submissions made on behalf of both the
parties, this Court while setting aside the impugned order
dated 27.10.2025 passed in the above noted Criminal Misc.
Case pertaining to the present Petitioner only, directs that
only the gold and silver ornaments seized from the above
Signed by: AYASKANTA JENA noted Bank locker of the Petitioner in connection with the Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 23-Feb-2026 18:38:43
Cuttack Vigilance Cell P.S. Case No.17 of 2019, shall be
released in favour of the Petitioner in proper zimanama
within a period of ten working days from the date of
presentation of an authenticated copy of this order with a
condition that after completion of the trial, if the accused is
held to be the owner of the aforesaid ornaments, the
Petitioner shall deposit the said ornaments as per the order
of the learned Court in seisin over the matter without fail.
7. It is also directed that the Petitioner shall furnish
property/cash security of Rs.10,00,000/- (rupees ten lakh
only) before the learned Court in seisin over the matter.
She shall not change the nature and character of the said
ornaments. She shall not sell or mortgage the said
ornaments until completion of trial. She shall produce the
said ornaments as an when required by the learned Court
in seisin over the matter.
8. This CRLMC is, accordingly, disposed of.
(Dr. Sanjeeb K Panigrahi) Judge Ayaskanta
Designation: Personal Assistant
Location: High Court of Orissa Date: 23-Feb-2026 18:38:43
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