High CourtsSingle Bench(2021) 07 OHC CK 0008

Santosh Lohras vs State Of Odisha

Orissa High Court · Decided on 1 July 2021

HON’BLE JUDGES
S. K. Sahoo, J
CASE NUMBER
Criminal Revision No. 440 Of 2020

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Judgment

14 paragraphs · 224 words

S.K. Sahoo, J

1.

This matter is taken up by video conferencing mode.

2.

Heard the learned counsel for the petitioner and learned counsel for the State.

3.

The petitioner has filed this revision petition challenging the impugned order dated 22.10.2020 passed by the learned S.D.J.M., Sundargarh in Misc.

Case No. 172 of 2020 arising out of 2(a) C.C. Case No. 474 of 2020 in rejecting the petition filed by the petitioner under section 457 of Cr.P.C. for

release of Maruti Alto car bearing registration No. OD 16G-9873, which was seized in connection with commission of offence under section 52(a) of

Odisha Excise Act. The ground of rejection of the petition as per the impugned order is that the confiscation proceeding bearing Misc. Case No. 128

of 2020 has already been initiated before the Authorised Officer.

4.

Mr.S.S. Ray, learned counsel for the petitioner submitted that in the confiscation proceeding the petitioner has already entered appearance, but

there is no progress and the petitioner’s vehicle is going to be damaged being exposed to sun and rain.

5.

Let the learned counsel for the State obtain instruction relating to the status of Misc. Case No. 128 of 2020 pending before the Authorised Officer

and if possible to get the copy of the order-sheet.

6.

As prayed for, list this matter on 8th July 2021.

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