Latest Judgments from Orissa High court
BALABHADRA NAYAK-V- STATE OF ORISSA
CRLREV NO.687 OF 2012 (Dt.18.12.2012)
CRIMINAL PROCEDURE CODE, 1973 – S.457.
The words “Police Officer” in Section 457 Cr.P.C. must include an Excise Officer reporting seizure
of vehicle/property to a Criminal Court.
In this case motor cycle of the petitioner was seized by Excise officials for alleged commission of
offence under the NDPS Act – His application U/s.457 Cr.P.C. for release of vehicle was rejected by the
learned Sessions Judge-cum-Special Judge, Ganjam, Berhampur on the ground that the Motor cycle was
seized by Excise officials and not by Police and as such Section 457 Cr.P.C. has no application – Held,
the impugned order is set aside – Direction issued to the trial Court to release the vehicle in question
in favour of the petitioner subject to conditions imposed by this Court.
(B. K. Nayak, J.)
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