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2005 DIGILAW 211 (ORI)

Babu @ Pratap Kumar Mohapatra v. State of Orissa

2005-03-29

R.N.BISWAL

body2005
JUDGMENT R. N. BISWAL, J. — This revision has been preferred against the order dated 22.12.2003 passed by the S.D.J.M., Bhubaneswar in G.R. Case No.3177 of 2003 wherein he rejected the petition filed under Section 457 Cr.P.C. by the petitioner. 2. The facts in nub leading to filing of this revision is that on 20.9.2003 at about 10.30 A.M. while the Inspector-in-Charge of Badagada P.S. along with his staff was engaged in law and order duty in front of the main gate of B.J.B. College, Bhubaneswar during counting of votes polled in connection with election of members of Bhubaneswar Municipal Corporation, the petitioner wanted to enter inside the counting hall forcibly. On being detained and searched by the police personnel a country made pistol, 17 nos. of live ammunitions, one mobile phone, one voter identity card and cash of Rs.20,835/- were recovered from his person. On demand as the petitioner could not produce any licence for possession of the fire arm, the Inspector-in-charge of Bargarh P.S. drew up plain paper F.I.R., pursuant to which P.S. case No.155 for the offence under Section 506 I.P.C. read with Sec¬tions 25 and 27 of the Arms Act, corresponding to the aforesaid G.R. Case was registered against him. 3. During pendency of the said case the petitioner filed a petition under Section 457 Cr.P.C. for interim release of the seized cash, voter identity card and mobile phone in his favour, but it was rejected on the ground that the said items are not perishable in nature. Being aggrieved with this order the petitioner has pre¬ferred the present revision as stated earlier. 4. Learned counsel for the petitioner submitted that there is nothing under Section 457 Cr.P.C. to show that only the per¬ishable articles can be released in favour of the owner thereof during pendency of a criminal proceeding. So the trial Court erred in rejecting the petition under Section 457 Cr.P.C. I am one with the submission of the learned counsel for the petitioner in this regard. As stated earlier the case has been registered under Section 506 I.P.C. read with Sections 25 and 27 of the Arms Act against the petitioner. So it appears that retention of the cash, mobile phone and voter identity card in no way would be of any help to the prosecution. Under such facts and circumstances, the impugned order is set aside. So it appears that retention of the cash, mobile phone and voter identity card in no way would be of any help to the prosecution. Under such facts and circumstances, the impugned order is set aside. The learned S.D.J.M., Bhubaneswar is directed to release the cash, mobile phone and voter identity card of the petitioner in his favour on suitable terms and conditions for production of the same before him as and when required. Accordingly the Revision is allowed. Revision allowed.