Sudip Kumar Routray Vs. State of Oriasa - Court Judgment

Excerpt:
.....petition filed under article 226 of the constitution of india. in a writ application filed under articles 226 and 227 of constitution, if any order/judgment/decree is passed in exercise of jurisdiction under article 226, a writ appeal will lie. but, no writ appeal will lie against a judgment/order/decree passed by a single judge in exercising powers of superintendence under article 227 of the constitution. - state of orissa reported in (2004) 27 ocr 17, it was contended by the learned counsel for the petitioner that even if the motorcycle is liable to be confiscated upon enquiry and trial, it ought to be kept in safe custody in order to ensure maintenance and care. 4. before deivelng interim custody of the motor cycle to the petitloner, a copy of the registration certificate of the..........judge, special court. relying on the decisions of this court in abhaya kumar satpathy v. state of orissa reported in (2002) 22 ocr 362; ganesh chandra nayak v. state of orissa, 2003 (supp.) olr 296 reported in , and 2003 (supp.) olr 860 balakrushna das v. state of orissa reported in (2004) 27 ocr 17, it was contended by the learned counsel for the petitioner that even if the motorcycle is liable to be confiscated upon enquiry and trial, it ought to be kept in safe custody in order to ensure maintenance and care.3. having heard from both sides and taking into account the principles indicated in the decisions cited by the learned counsel for the petitioner and the ratio of the decision of the hon'ble supreme court in sundarbhai ambala deaal v. state of gujarat reported in (2003)24 ocr.....

Judgment:
ORDER

1. In this revision the petitioner assails the legality of the order dated 4.2.2008 passed by the learned Judge, Special Court, Angul in Special Case No. 8 of 2007 rejecting the application filed under Section 457 of the Code of Criminal Procedure for release of Honda Unicorn motorcycle bearing registration No. OR-19E-1367.

2. It appears that the petitioner's father accused Pradeep Kumar Routray has been charge sheeted for commission of offence under Section 20(b) of the N.D.P.S. Act for having allegedly found to be .transporting 3 kg. 600 gms. of ganja in an Air bag in the above said motorcycle on 15.12.2007. The petitioner does not appear to have been implicated in any manner in commission of the alleged offence, it was submitted by the learned Counsel for the petitioner that the motorcycle, registration in respect of which stands in the name of the petitioner, having been left lying open and unattended, exposeo to the vagaries of nature, in the police station, shall be subjected to deterioration unless taken care of. It was urged that as the petitioner is entitled to possession thereof, the motorcycle should be released in his interim custody pending disposal of the proceeding before the learned Judge, Special Court. Relying on the decisions of this Court in Abhaya Kumar Satpathy v. State of Orissa reported in (2002) 22 OCR 362; Ganesh Chandra Nayak v. State of Orissa, 2003 (Supp.) OLR 296 reported in , and 2003 (Supp.) OLR 860 Balakrushna Das v. State of Orissa reported in (2004) 27 OCR 17, it was contended by the learned Counsel for the petitioner that even if the motorcycle is liable to be confiscated upon enquiry and trial, it ought to be kept in safe custody in order to ensure maintenance and care.

3. Having heard from both sides and taking into account the principles indicated in the decisions cited by the learned Counsel for the petitioner and the ratio of the decision of the Hon'ble Supreme Court in Sundarbhai Ambala Deaal v. State of Gujarat reported in (2003)24 OCR 444, learned Judge,Special Court, Angul is directed to release the above said motorcycle in the interim custody of the owner of the vehicle on furnishing property eecurity of Rs. 40,000/- (Rupees lofty thousand) and cash security of Rs. 10,000/ to the satisfaction of that Court subject to further conditions that the petitioner shall undertake

(i) not to transfer the vehicle and to produce it before the Court or any authority as and when required;

(ii) not to change colour chassis number or englno number of the motorcycle; and

(iii) not to allow the vehicle to be used for any unlawful purpose.

4. Before deivelng interim custody of the motor cycle to the petitloner, a copy of the Registration Certificate of the motorcycle and at least colour photographs from different angles clearly making the motor cycle identifiable, to be furnished by the petitioner at his expenses, be kept on record.

5. The CRLREV is, accordingly, disposed of.

6. Urgent certified copy of the order be granted on proper application.