Orissa High Court
Bhimasen Dalei v. State of Odisha
CRLMC/2143/2026
- Decision date
- 2026-07-13
- Text availability
- Full text
- Judges
- S. K. Panigrahi
Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗
Connected provisions and cases
No further provision or case links are recorded.
Judgment text
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2143 of 2026 Bhimasen Dalei …. Petitioner(s) Mr. Harekrushna Dash, Adv. versus- State of Odisha …. Opposite Party(s) Smt. Sarita Moharana, ASC CORAM: HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI ORDER Order No. 13.07.2026 01. 1. This matter is taken up through hybrid arrangement. 1. In filing the present CRLMC, the Petitioner claiming himself to be the registered owner of the vehicle in question (TVS Apache RTR-160) bearing registration No.OD-09-X-8161, which is seized due to its use in unauthorized transportation of “foreign liquor”, has challenged the impugned order dated 25.04.2026 passed by the learned Additional District & Sessions Judge, Anandapur in Criminal Revision No.02 of 2026 so also the order dated 23.09.2025 passed by the learned S.D.J.M, Anandapur in C.M.C Case No.195 of 2025. Apart from the above, the Petitioner has also sought for a direction from this Court to the authority Signature Not Verified concerned for releasing the above noted vehicle in hisDigitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 14-Jul-2026 11:07:11 Page 1 of 3 zima which is seized in connection with 2(a)CC Case No.43 of 2025. 2. Heard.
3. Learned counsel for the Petitioner submits that since the above noted vehicle has been parked at an open space, the condition of the said vehicle is going to be deteriorated day-by-day due to direct exposure to the sun and rain. He, accordingly, prays for a direction for release of the said vehicle. 4. At this juncture, learned counsel for the State, on instruction, submits that based on the allegation of illegal transportation of “foreign liquor” the above noted vehicle has been seized on completion of all the formalities meant for the said purpose. She further contends that the order of confiscation pertaining to the above noted vehicle has been confirmed by the concerned Appellant authority. Petitioner has lost in both the stages. She, accordingly, prays for dismissal of the present CRLMC. 5. Be that as it may, since the condition of the above noted seized vehicle is getting deteriorated day-by-day due to direct exposure to the sun and rain, this Court directs the learned court in seisin over the matter to release the above Signature Not Verified noted seized vehicle in the zima of the Petitioner subject Digitally Signed Signed by: AYASKANTA JENA to the conditions that the Petitioner:-Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 14-Jul-2026 11:07:11 Page 2 of 3
i. shall deposit cash security/ property surety worth Rs.50,000/-(Rupees fifty thousand only) before the concerned Registrar, Civil Courts/ the competent authority within a month hence; ii. shall file an undertaking that he will not change the appearance and colour of the seized vehicle; iii. shall not allow the said vehicle to be used for any illegal purpose; and iv. shall produce the seized vehicle before the court or before the authority concerned as and when required; v. obtain comprehensive insurance policy for the seized vehicle every year; 6. In case of violation of any of the above conditions by the Petitioner, this order would not be applicable. 7. This CRLMC is, accordingly, disposed of. (Dr. Sanjeeb K Panigrahi) Judge Ayaskanta Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 14-Jul-2026 11:07:11 Page 3 of 3