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Judgment
Sashikanta Mishra, J
This matter is taken up through hybrid mode.
Heard learned counsel for the petitioner and learned Addl. Government Advocate for the State.
The petitioner is aggrieved by order dated 09.01.2023 passed by learned Addl. Sessions Judge, Kantabanji in CMC No. 02 of 2022, whereby his application under Section 457 Cr.P.C. for release of seized Bolero vehicle was rejected.
A perusal of the order reveals that after noting the facts and circumstances of the case, the Court below found that the original documents relating to the vehicle such as R.C. Book, insurance certificate, permit, fitness certificate etc. had not been filed by the petitioner. Moreover, he also took note of the seriousness of the alleged offence.
Learned counsel for the petitioner submits that his client is ready with original documents and if given an opportunity he shall file the same before the Court below.
Mr. D.K. Mishra, learned Addl. Government submits that unless the original documents are brought on record, the Court will not be in a position to release the vehicle as law mandates that the vehicle should be released in favour of the rightful owner.
Considering the submission as above and the ground on which the prayer for release of the vehicle was rejected, this Court feels that an opportunity should be granted to the petitioner to produce the original documents.
In the result, the CRLMC is allowed. The impugned order is set aside. The Court below is directed to hear the application filed under Section 457 of Cr.P.C. afresh after granting an opportunity to the petitioner to produce the original documents. In case the petitioner fails to produce the original documents, the order dated 19.01.2023 shall automatically revive.
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