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2023 DIGILAW 59 (ORI)

Manoj Nath v. State of Odisha

2023-01-12

S.K.PANIGRAHI

body2023
JUDGMENT Dr. S.K. Panigrahi, J. - This matter is taken up through hybrid mode. 2. This Criminal Misc. Petition is being preferred challenging the detention of the Petitioner's vehicle bearing registration No.OD-02-7-9879, Engine No.D13A-2636518, Chassis No. MA3FJEBIS008687675 by the IIC, Phulbani police station-O.P. No.3 since 14.03.2021, though not implicated in Phulbani Town P.S. Case No.31 dated 04.03.2021. 3. The petitioner had purchased the Maruti Suzuki Dezire Diesel VDI car with bank loan from IndusInd Bank since 30.12.2015 and the same has been registered with the R.T.O., Bhubaneswar, bearing Registration No.OD-02-Z-9879. 4. The Petitioner's vehicle was involved in Phulbani Town P.S. Case No.031 dated 04.03.2021 for an alleged offence U/s.20(b)(ii)C/22 & 29 of the NDPS Act and was detained by the police. The Petitioner along with one Dhaneswar Natha S/o. Late Babaji Natha were impleaded as accused persons and they were charge sheeted vide C.S. No.87 dated 20.06.21 in Phulbani Town P.S. Case No.31/2021.The Petitioner was subsequently released on bail vide order dated 07.04.2022 of this Hon'ble Court passed in BLAPL No.2223 of 2021. 5. The Petitioner filed CRMC No.26 of 2022 in C.T. Case No.20 of 2021 U/s.457 Cr.P.C. for release of the car bearing Regn. No.OD-02-Z-9879 which was detained by the Phulbani Town P.S. in its P.S. Case No.031 of 2021, corresponding to C.T. Case N.20/21. The learned Special Judge, Phulbani after hearing the parties and evidence on record dismissed the CRLMC No.26 of 2022 vide order No.6 dated 27.09.2022 with a finding that the vehicle bearing registration No.OD-02-Z-7879 has not been seized in Phulbani P.S. (Town) Case No.31 of 2021 corresponding to C.T. Case No.20 of 2021. 6. It is contended by Learned Counsel for the Petitioner that though the Maruti Dezire Diesel car bearing Regn. No.0D-02-Z-9879 was not seized in Phulbani Town P.S. Case No.31 of 2021 corresponding to C.T. Case No.20/21, the O.P. No.2 & 3 kept the vehicle in the Town P.S. compound, Phulbani in an arbitrary manner and are not releasing the vehicle inspite of being approachedby the Petitioner. Moreover, the vehicle is also going to be damaged for being kept in the open for more than one and half years, though not involved with the alleged crime and the Petitioner will suffer huge losses because of this. 7. Moreover, the vehicle is also going to be damaged for being kept in the open for more than one and half years, though not involved with the alleged crime and the Petitioner will suffer huge losses because of this. 7. Per Contra, it is submitted by Learned Counsel for the Opposite Parties that based on material on record starting from FIR to chargesheet prepared by the I.O, it is established that, the vehicle bearing Registration No. OD-02-Z-9879 was involved in Phulbani Town P.S Case No.31 of 2021, U/S. 20(b)(ii)(c)/25 /29 of NDPS Act, but as the vehicle number was not mentioned in the seizure list by the I.O., the Petitioner is now claiming non-involvement of the vehicle in the crime. 8. From a bare perusal of pleadings of the parties, this Court is of the view that seized vehicle is subject to damage if the same is left open and unattended for an indefinite period. Therefore, in view of pending disposal of the trial, the Petitioner being entitled to possession thereof, should be in the interim custody of the seized vehicle. It appears that there shall be no impediment in the investigation of the case if the seized vehicle is kept in the interim custody of the Petitioner subject to appropriate conditions. 9. In the case of Sundarbhai Ambala Desai v State of Gujarat (2003) 24 OCR SC 444, the Supreme Court observed: 'In our view, whatever be the situation, it is of no use to keep such-seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles.' 10. Accordingly, the CRLMP is disposed of directing that the abovementioned seized vehicle shall be released in the zima of the Petitioner subject to conditions that: I. The Petitioner shall furnish a cash security of Rs.2,00,000/-(Rupees Two Lakh)only in the F.D in any nationalized bank pledged in the name of court concerned. II. Accordingly, the CRLMP is disposed of directing that the abovementioned seized vehicle shall be released in the zima of the Petitioner subject to conditions that: I. The Petitioner shall furnish a cash security of Rs.2,00,000/-(Rupees Two Lakh)only in the F.D in any nationalized bank pledged in the name of court concerned. II. The Petitioner shall furnish an undertaking that the vehicle shall not be used for commission of any offence and the Petitioner shall not change the colour or appearance of the seized vehicle and he shall produce the seized vehicle as and when required by the court. Issue urgent certified copy of the order as per Rules.