ANIL KUMAR AGRAWAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS revision is directed against the Order dated 18.11.2004 passed by the J.M.F.C., Kantabanji in G.R. case No. 239 of 2004 wherein he rejected the petition filed under Section 457 Cr.P.C. and refused to release the Mini -truck bearing Registration No. OR -03 -7695 in favour of the petitioner.

(2.) THE nub of the facts leading to filing of this revision is that on 15.9.2004 at about 5 P.M. getting reliable information that the aforesaid truck was being loaded with rice at Bangomunda Block godown for illegal transaction the A.S.I. of Bangomunda P.S. made station diary entry to that effect and rushed to the block office to find that the truck with loaded rice had already left for Kantabanji. He pursued the truck and intercepted it on the P.W.D. road in between Bangomunda and Kantabanji. On inspection of the truck 144 sacks each containing 50 K.Gs. of rice were found therein. On demand of document if any, in respect of transportation of the rice the driver Kashinath Pradhan produced some cash receipts and way bills which were found to be forged. So, the A.S.I. seized the truck along with the rice, drew up plain paper F.I.R. and lodged it before the O.I.C. of Bangomunda police station, who registered a case for the offence under Sections 406/465/468/471/120 -B I.P.C. against five accused persons including the driver of the truck, giving rise to the aforesaid G.R. case.

(3.) BEING aggrieved with this Order the petitioner has preferred the present revision. Learned counsel appearing for the petitioner submitted that after seizure the truck has been kept at the police station premises being exposed to vagaries of nature whereby its condition is deteriorating day by day. The petitioner has not been arrayed as an accused in the aforesaid case but the Court below rejected his petition under an erroneous impression that he has a hand in the alleged crime. Relying on the decision Sunderbhai Ambala Desai v. State of Gujarat, (2003) 24 OCR (SC) 444 he submitted that it is of no use to keep the seized vehicle at the Police Station for a long time. The Magistrate should have passed an appropriate Order immediately to release the vehicle on proper terms and condition. Learned Addl. Standing Counsel supported the finding of the Court below.