TaxTMI 
TaxTMI 
2022 (1) TMI 1501
X X X X Extracts X X X X
X X X X Extracts X X X X
....es which are lying unattended to in the malkhanas of the various police stations. It is pointed out that despite the provisions in the Code of Criminal Procedure, 1973 (Cr PC) and the decisions of the Court, including the Supreme Court of India, from time to time, the spirit of law has not been adhered to and this has led to an impossible situation where most police stations in Odisha are left with a large inventory of abandoned vehicles and other materials. Urgent directions are accordingly sought in the present petition. 4. In the reply filed to the petition, the Additional Superintendent of Police, CID, Crime Branch, Odisha has disclosed that apart from a large number of vehicles lying for years together in the police station premises, there are other seized items including liquor, arms and ammunitions etc. which are lying at the police malkhana awaiting disposal. It is disclosed by the police that 19,149 vehicles have been seized in motor vehicle accident cases, dacoity cases, cases relating to the transportation of illicit narcotic drugs and psychotropic substances. Then there are vehicles that are abandoned. 5. It is pointed out that although in accordance with the prov....
X X X X Extracts X X X X
X X X X Extracts X X X X
....fter, in Sunderbhai Ambalal Desai v. State of Gujarat (2002) 10 SCC 283, the court after analyzing the relevant provisions of the CrPC directed as under: "17. 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. 18. In case where the vehicle is not claimed by the accused, owner, or the insurance company or by a third person, then such vehicle may be ordered to be auctioned by the court. If the said vehicle is insured with the insurance company then the insurance company be informed by the court to take possession of the vehicle which is not claimed by the owner or a third person. If the insurance company fails to take possession, the vehicles may be sold as per the direction of the court. The court would pass such order within a period of six months from the date of production of the said vehicle before the court. In any case,....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ourts. This area appears to be by and large a neglected one and warrants immediate attention. 12. The Court's attention has been drawn to a judgment dated 4th January, 2019 passed by the learned Single Judge of this Court in Ghasana Mohapatra v. State of Odisha, (2019) 1 OLR 275, wherein it was held that in excise cases when the accused is the owner of the seized vehicle, the same cannot be released in his favour. In another judgment dated 2nd November, 2020 in Ramakrushna Mahasura v. State of Odisha, (2021) 81 OCR 635 it was held that when the vehicle that caused the accident has no third party insurance, it cannot be released without taking deposit of the money to which the victim is entitled to. 13. It is clarified that hereafter as far as release of the vehicle is concerned, the directions issued in this order would prevail. 14. In light of the decisions of the Supreme Court referred to hereinbefore, and the directions issued in Manjit Singh v. State (supra), the following specific directions are issued: Articles/properties in general 15. (i) Within one week of their seizure, properties seized by the police during investigation or trial are to be produced bef....
X X X X Extracts X X X X
X X X X Extracts X X X X
....o compliance with (I) and (II) above, no party shall insist on the production of the vehicle at any subsequent stage of the case. The panchnama, the encrypted digital photograph and video clip along with the valuation report should suffice for the purposes of evidence. (IV) The Courts should invariably pass orders for return of vehicles and/or accord permission for sale thereof and if in a rare instance such request is refused, then reasons thereof to be recorded in writing should be the general norm rather than the exception. (V) In the event of the vehicle in question being insured, the concerned Court shall issue notice to the owner and the insurance company prior to disposal of the vehicle. If there is no response or the owner declines to take the vehicle or informs that he has claimed insurance/released his right in the vehicle to the insurance company and the insurance company fails to take possession of the vehicle, the vehicle may be ordered to be sold in public auction. (VI) If a vehicle is not claimed by the accused, owner, or the insurance company or by a third person, it may be ordered to be sold by public auction. General directions 17.....