[Cites 2, Cited by 0]
Orissa High Court
Okil Ahamad @ Wakil vs State Of Odisha ... Opposite Party on 17 March, 2026
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLREV. No.446 of 2021
Okil Ahamad @ Wakil ... Petitioner
Ahamad Mr. D.K. Mohapatra, Advocate
-versus-
State of Odisha ... Opposite Party
.
Mr. C.R. Swain, AGA
CORAM: JUSTICE V. NARASINGH
ORDER
Order No. 17.03.2026
05. 1. Pursuant to the order of this Court dated
19.02.2026, a report dated 11.03.2026 has been
received from the learned J.M.F.C.(Rural),
Sundargarh. For convenience of reference the said
report is extracted hereunder;
"xxx xxx xxx
........On perusal of the case diary
present in the case record it is seen that
during the course of investigation on
29.06.2007 at about 4 A.M a truck bearing
Regd. No. OR-23-7151 loaded with different
types of scrap materials and some railway
properties was seized in presence of
witnesses. On perusal of the seizure list
present in the case record it is seen that truck
bearing Regd. No. OR-23-7151 (fullbody)
loaded with different types of stolen Scarp and
railway iron materials weighing about
approximately 15 tons and one duplicate DL
No. 1574/2k of Bharatlal Sankar was seized
on 29.06.2007 in presence of witnesses
namely Sambhunath Sahoo and Somnath
Kumar Biswal by the LO Sri Rabi Chandra Jena
ASI, Dharuadihi O.P. On perusal of the case
record it is seen that on did. 01.10.2007, Sri R
K JhaS.E of Railway has visited the Dharuadihi
O.P and verified the loaded truck bearing
Regd. No. OR-23-7151 and detected two pcs.
Of Railway materials nomenclatured as
Bearing plates and one C.S.T.G plate which
are used in railway track. After the completion
of the investigation the charge sheet against
the accused persons was submitted by Sri
Sujit Kumar Sahoo, OIC, Bhasma P.S, vide
C.S No. 62 dtd. 5.10.2007, U/s /s.379/411/34
of IPC r.w 3RP (UP) Act. It is mentioned in the
said charge sheet in the column no. 12 under
heading Details of properties/ Articles/
Documents recovered/seized during
investigation and relied upon that the seized
truck bearing Regd. No. OR-23-7151 loaded
with different types of scrap materials was
seized on 29.06.2007 by the 1.0 Rabi Chandra
Jena was kept at O.P. However the seized
truck bearing Regd. No. OR-23-7151 loaded
with different types of scrap materials was
never produced in the Court at any time
during the trial. In due obedience to the
memo no.398, dtd 02.03.2026 of your
Honour's Court a report was called for from
the IIC, Bhasma P.S vide this office letter
no.389, dtd.06.03.2026 to submit a report
regarding the present status of property
involved in this case. The IIC, Bhasma PS has
reported to this court vide DR No. 629, dtd.
08.03.2026 that after careful verification of
Malkhana Register, Malkhana stocks and other
available records of Bhasma PS he found no
entry relating to deposit or custody of the
property in this case. He further submitted
that apon the physical verification of the
malkhana as well as the premises of Bhasma
P.S, no vehicle bearing Regd. No. OR-23-
7151loaded with different types of stolen
scarp and railway iron materials weighing
about 15 tons was found available either in
malkhana or within premises of Bhasma P.S.
The ICBhasma P.S further submitted that the
ease property is neither available in the
malkhana of Bhasma P.S or is present in the
custody of Bhasma P.S at present.
xxx xxx xxx"
2. In the light of the same, learned counsel for
the State is called upon to obtain specific instruction
regarding the state of the materials in the backdrop
of the order passed by the learned Addl. District and
Sessions Judge, Sundargarh.
For convenience, the order dated 08.10.2021
in Criminal Appeal No.3/9 of 2016 passed by the
learned Addl. District and Sessions Judge, Sundargarh
is culled out hereunder:
"xxx xxx xxx
6. Perused the evidence of the witnesses and the
statement of the accused persons including the
appellant recorded U/s 313 of Cr.P.C. On perusal
of the judgment, it is found that the learned lower
Court by considering the fact that the prosecution
has failed to prove the fact of seizure of truck as
well as commission of theft by the driver, acquitted
the present appellant along with two other accused
persons from the charges labeled against them. So
far as with regard to the disposal of the property is
concerned, U/s 452 of the Cr.PC. empowers the
criminal Court for disposal of the property by three
modes i.e.
(i) destruction;
(ii) confiscation or
(iii) delivery to any person claiming to be entitled
to possession thereof.
In the provision U/s 452 of Cr.P.C, it is clear
that the person who claims to be entitled to the
possession of the property Seized in any criminal
offence, must satisfied the Court either by oral or
documentary evidence that he is entitled for such
possession. In the case in hand, the appellant
completely denied that the seized articles. were
transported for him as he had purchased from the
co-accused Md. Sarfaraj. Neither the oral nor the
documentary evidence has been adduced before
the learned lower Court regarding entitlement of
the appellant to possess the articles. As property is
having value, the confiscation of the said property
and the sale proceeds thereof will be an add with
the State Exchequer. So, in absence of the
evidence regarding entitlement of the possession
by the appellant before the learned lower Court, I
am completely agreed with the order of the
learned lower Court regarding confiscation of the
seized articles to the State. Hence, I do not find
any infirmity in the order of the learned lower
Court which needs interference by this Court in the
appeal.
xxx xxx xxx"
(Emphasized)
3. Learned counsel for the State is called upon to
file an affidavit of the concerned IIC regarding the
state of material.
4. List this matter on 13.04.2026.
5. Copy of this order be made over to the learned
counsel for the State.
(V. NARASINGH)
Judge
Signed by: SOUMYA RANJAN SAMAL
Soumya
Reason: Authentication
Location: High Court of Orissa
Date: 19-Mar-2026 11:00:31
