Research › Search › Judgment

High Court of Orissa · body

2025 DAILYLAW 27273 (ORI)

JAIRAM SAH v. STATE OF ODISHA

WP(C)/10319/2025 · 2025-04-23

S K Panigrahi

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.10319 of 2025 Jairam Sah ..... Petitioner Mr. Laxmi Narayan Patel, Advocate -versus- State of Orissa & Ors. ..... Opposite Parties Mr. Debasish Nayak, AGA CORAM: THE HON'BLE DR. JUSTICE S. K. PANIGRAHI Order No. ORDER 23.04.2025 01. 1. This matter is taken up through hybrid arrangement. 2. The Petitioner, by filing this Writ Petition, has made a prayer for interim release of the Bolero Pick-Up FB PS 1.7 TXL bearing Registration No.OD-23-P-1258, Chasis No. MA1ZU2TNKN1M20866 and Engine No. TNN1M30881 seized by the IIC of Excise Sadar Range, Balasore in connection with IE Sadar Range, P.R. No.120/2024-25 dated 04.01.2025 corresponding to 2(a) C.C. No.22 of 2025 under Section52(a)(i)/62(1)/69 of Odisha Excise Act, 2008 in contravention of Section 11(2) of said Act. 3. Learned counsel for the Petitioner submits that the Petitioner is the bona fide owner of the vehicle in question having valid documents in his favour. He has Page 2 of 2. purchased the said vehicle for maintaining his livelihood. Now, the vehicle in question is in the disposal, of the Authorized Officer-cum- Superintendent of Excise, Balasore in connection with the aforesaid case. He further contends that the vehicle in question is exposed to sun and rain. Moreover, due to seizure of the said vehicle, the Petitioner is unable to pay the instalment amount to the Bank. Hence, the Authorised Officer may be directed to release the vehicle in favour of the Petitioner in any term and condition. 4. Considering the submissions made by the learned counsel for the Petitioner and on going through the averments made in this Writ Petition, since the matter is pending before the Authorized officer-Cum- Superintendent of Excise, Balasore in PR. No. 120/2024-25 dated 04.01.2025, this Writ Petition stands disposed of directing the Petitioner to approach the Authorized officer-Cum-Superintendent of Excise, Balasore within a period of one week hence. In such event, the Authorized officer-Cum-Superintendent of Excise, Balasore shall pass an appropriate order within fifteen days thereafter. 5. Accordingly, the Writ Petition stands disposed of. (Dr. S.K. Panigrahi) Judge Gitanjali