TaxTMI 
TaxTMI 
2017 (3) TMI 1974
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....d 30.06.2016 in rejecting the petition under section 457 of Cr. P.C. filed by the petitioner for release of his white colour Toyota ETIOS bearing Registration No.OD-02V-0053. Mr. Amulya Ratna Panda, learned counsel for the petitioner submitted that the case was instituted on 30.06.2016 on the basis of the first information report lodged by one Dhiren Kumar Behera, officer in charge, Phiringia Police Station against six accused persons namely Sagar Swain, Haribandhu Kanhar, Pratap Kumar Swain, Jagadish Sahani, Santosh Kumar Jena and Subash Chandra Chandan which was registered under sections 20(b)(ii)(C) and 29 of the N.D.P.S. Act and in connection with such offence, the vehicle of the petitioner was seized on 30.06.2016. The petition u....
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....en air being exposed to sun and rain and the condition of the vehicle is likely to be deteriorated and since there is no bar under the N.D.P.S. Act for interim release of the vehicle and confiscation, if any, in terms of section 60(3) of the N.D.P.S. Act may be done only after the conclusion of trial, therefore, unless the seized vehicle is released in favour of the petitioner, he will be seriously prejudiced particularly when the petitioner is not an accused in the case. In support of such contentions the learned counsel for the petitioner placed reliance in the cases of Basanta Kumar Behera -Vrs.- State of Orissa reported in (2013) 54 Orissa Criminal Reports 876, Balabhadra Nayak -Vrs.- State of Orissa reported in (2013) 54 Orissa Crimina....
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...., arrests, searches and seizures- The provisions of the Code of Criminal Procedure, 1973, shall apply, in so are as they are not inconsistent with the provisions of this Act, to all warrants issued and arrests, searches and seizures made under this Act." A cursory reading of the aforesaid provision in Section 51 of the Act makes it clear that the provisions of the Cr. P.C. will not apply if they are inconsistent with the provision of the Act in respect of warrants issued, arrests, searches and seizures made under the Act. There is provision in Section 55 of the Act interdicting an Officer-in-charge of a Police Station to take charge of and keep in Safe custody, pending the orders of the Magistrate, all articles seized under this Ac....
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....erest of an innocent owner before confiscating his vehicle also lends support to my aforesaid view that an innocent owner till an order of confiscation is passed is entitled to interim custody of the vehicle pending trial of the case. 6. Such being the position of law, the safe custody of the property in question can be given in interim zima of the rightful owner if motion to that effect is made before the competent court either under Section 451 Cr. P.C. or Section 457 Cr. P.C., as the case may be." In the case of Basanta Kumar Behera (supra), after analyzing section 63 of the N.D.P.S. Act, it has been held as follows:- "From the above provision, it is clear that a vehicle used in the commission of the offence is liabl....
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.... by the criminal Court. In case the words "Police Officer" occurring in Section 457(1) Cr. P.C. is given a restricted meaning so as to exclude officers of other departments like Excise etc. who are invested with power to investigate into the offence, effect seizure and launch prosecution and to report such seizure to the criminal Court, it would cause injustice to the persons claiming to be entitled to custody of the property. Therefore, the words "Police Officer" in Section 457 Cr. P.C. must include in Excise Officer reporting such seizure to a criminal Court in connection with the enquiry or trial of any criminal case. Section 60(3) of the N.D.P.S. Act is no bar for interim release of the vehicle as the said provision is only sub....
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....D.P.S. Act i.e. it was so used without the knowledge or connivance of the owner himself, his agent, if any and the person-in-charge of the vehicle and that each of them had taken all reasonable precautions against such use, is not applicable at the stage of consideration of interim release of the vehicle under section 457 of Cr. P.C. Accordingly, the impugned order passed by the learned Sessions Judge, Phulbani in Criminal Miscellaneous Case No. 9 of 2016 which arises out of G.R. Case No. 79 of 2016 of the learned Special Judge, Phulbani corresponding to Phiringia P.S. Case No. 84 dated 30.06.2016 is not sustainable in the eye of law and the same is hereby set aside. It is directed that the vehicle i.e. white colour Toyota ETIOS beari....