p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.1091 of 2026 Sipu Rout …. Petitioner(s) Mr. Biraja Prasanna Das, Adv. -versus- State of Odisha …. Opposite Party(s) Smt. Sarita Moharana, ASC CORAM: HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI Order No. 02. ORDER 20.04.2026 1. This matter is taken up through hybrid arrangement. 2. In filing the present CRLMC, the Petitioner claiming himself to be the registered owner of the vehicle in question bearing registration No.OD-02-9342 which is seized based on the allegation of its involvement in unlawful activities, has challenged the impugned order dated 12.01.2026 passed by the learned Sessions Judge, Khurda at Bhubaneswar in Crl. Revision No.129/2025 arising out of the order dated 17.10.2025 passed by the learned JMFC-V (Cog. Taking), Bhubaneswar in CMC No.1230 of 2025. Apart from the above, the Petitioner has also sought for a direction from this Court to the authority concerned for releasing the above noted vehicle in his zima which Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 21-Apr-2026 18:58:01 Signature Not Verified p. 2 is seized in connection with 2(a)CC No.284 of 2025 arising out of P.R No.154/2025-26. 3. Heard. 4. Learned counsel for the Petitioner submits that the above noted vehicle has been seized based on the allegation of recovery of 520 liters of ID liquor from the said vehicle, which was being transported without the knowledge of the Petitioner. He further contends that since the above noted vehicle has been parked at an open space, the condition of the said vehicle is going to be deteriorated due to direct exposure to the sun and rain. He, accordingly, prays for a direction from this Court for releasing of the said vehicle. He also relies on a decision of this Court in the case of Ratnakar Behera Vrs. State of Odisha 1 wherein it has been decided that “mere initiation of confiscation proceeding cannot act as a bar for delivery of the vehicle to its owner when the owner of the registered vehicle has not been found guilty”. 5. At this juncture, learned counsel for the State, on instruction, submits that based on the allegation of unauthorized transportation of Id liquor the above noted vehicle has been seized on completion of all the formalities meant for the said purpose. He further 1 Order dated 05.08.2020 passed in CRLMC No.985 of 2020 Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 21-Apr-2026 18:58:01 Signature Not Verified p. 3 contends that on registration of the F.I.R necessary proceeding pertaining to the said vehicle has already been initiated. He, in the process, submits that releasing the said seized vehicle at this stage may hamper the process of completion of the said proceeding. 6. 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 noted seized vehicle in the zima of the Petitioner subject to the conditions that the Petitioner:- (i) shall deposit cash security of Rs.3,00,000/- (Rupees three lakh only) before the concerned Registrar, Civil Courts 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 said vehicle before the court or before the authority concerned as and when required. 7. In case of violation of any of the above conditions by the Petitioner, this order would not be applicable. 8. This CRLMC is, accordingly, disposed of. (Dr. Sanjeeb K Panigrahi) Judge Ayaskanta Designation: Personal Assistant