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Orissa High Court · body

2013 DIGILAW 61 (ORI)

Srikant Ranjan Sahoo v. State of Odisha

2013-03-05

B.K.NAYAK

body2013
ORDER 05.03.2013Learned counsel for the petitioner files another certified copy of the impugned order with cause title. The same be kept on record. Heard learned counsel for the petitioner and learned Additional Standing Counsel. Order dated 17.01.2013 passed by the learned S.D.J.M., Pallahara in Crl.Misc. Case No.3 of 2013 (arising out of G.R. Case No.271 of 2012) rejecting the petitioner’s application under Section 457 Cr.P.C. for release of his vehicle i.e. Tat LPT 2515 TC/48 (truck) bearing registration No.0R-05-AD-7031 has been assailed in this revision. Undisputedly the petitioner is the owner of the truck in question and he is also the informant in respect of Pallahara P.S. Case No.143 of 2012 under Section 407 of the Indian Penal Code that gave rise to G.R. Case No.271 of 2012 of the Court of the learned S.D.J.M. Pallahara. The allegations are against the driver and helper of the truck, who loaded the iron rod at Rourkela to be carried to Balasore, but on the way they disposed of the iron rod and as such committed breach of trust and left the vehicle at Pallahara. On the basis of the F.I.R. lodged by the petitioner, a case was registered and the vehicle was seized while it was standing on the road at Pallahara. The application of the petitioner for interim release has been rejected by the learned S.D.J.M., Pallahara mainly on the ground that the investigation is still in progress and the petitioner has failed to produce the connected documents of the transport agency. Neither of the aforesaid grounds is tenable for rejecting the petition for interim release of the vehicle. The trial Court has accepted the position that the petitioner has filed that Xerox copies of the registration certificate, insurance certificate, goods carriage permit, fitness certificate and tax receipt, which are in his name. In the event the truck would be necessary for the purpose of investigation, the I.O. can direct the petitioner to produce the same. Documents from the Transport agency with regard to the carrying of the iron rod are not material for the purpose of considering about the release of the vehicle. Allowing the vehicle to remain in open condition in the premises of Pallahara Police Station exposed to sun and rain will deteriorate its condition and diminish its value which would not be in the interest of either party. Allowing the vehicle to remain in open condition in the premises of Pallahara Police Station exposed to sun and rain will deteriorate its condition and diminish its value which would not be in the interest of either party. Accordingly, relying on the decision in the case of Sunderbhai Ambalal Desai v. State of Gujarat; (2003) 24 OCR (SC) 444, I allow this revision and set aside the impugned order and direct release of the vehicle i.e. Tata LPT 2515 TC/48 (truck) bearing registration No.OR-05-AD-7031 in favour of the petitioner subject to the following conditions :- (i)that the petitioner shall furnish property security worth Rs.10,00,000/- (rupees ten lakhs) to the satisfaction of the learned Court below with the condition that the offending vehicle be produced before the learned Court below as well as the I.O. as and when required by them; (ii)the petitioner shall not transfer or dispose of the offending vehicle i.e., Tata LPT 2515 TC/48 (truck) bearing registration No.OR-05-AD-7031 to anyone and shall not make any change in its body, colour or Engine. It is needless to say that make, colour, chassis number and Engine number of the offending vehicle shall be furnished by the petitioner before the lower Court with an undertaking that no damage shall be caused or no part of the vehicle be substituted. He shall keep the vehicle insured at all times and produce the Insurance Certificate before the Trial Court as and when called upon; (iii)the petitioner shall also file an undertaking before the Trial Court that the offending vehicle shall not be used for commission of any offence; and (iv)before giving interim custody of the offending vehicle to the petitioner, three coloured photographs of cabinet size from different angles clearly indicating registration number and other particulars of the vehicle shall be kept on file. The expenses for the photographs shall be borne by the petitioner. The CRLREV is accordingly disposed of. Issue urgent certified copy. CRLREV disposed of.