[Page 1] IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.906 of 2026 Sanjay Yadab …. Petitioner(s) Mr. Arun Kumar Behera, Adv. -versus- The State of Orissa & Anr. …. Opposite Party(s) Mr. Raj Bhushan Dash, ASC CORAM: HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI Order No. 01. ORDER 15.04.2026 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 Excavator machine in question bearing No.TATA Hitachi Ex210LC-5G, SI No.SP21-85148 and Engine No.42A95451929 which is seized based on the allegation of unauthorized excavation, has challenged the order dated 11.03.2026 passed by the learned S.D.J.M, Nilgiri in Criminal Misc. Case No.22 of 2026 thereby rejecting the petition at his instance for releasing the said Excavator. Apart from the above, the Petitioner has also sought for a direction from this Court to the authority concerned i.e. the IIC, Nilagiri Police Station for releasing the Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 15-Apr-2026 18:07:23 Signature Not Verified [Page 2] above noted Excavator in his zima which is seized in connection with Nilgiri P.S. Case No.96/2026. 3. Heard. 4. Learned counsel for the Petitioner submits that since the above noted Excavator machine has been parked at an open space, the condition of the said machine is going to be deteriorated due to direct exposure to the sun and rain. He, accordingly, prays for a direction for release of the said vehicle. 5. At this juncture, learned counsel for the State, on instruction, submits that based on the allegation of unauthorized excavation the above noted machine has been seized on completion of all the formalities meant for the said purpose. He further contends that on registration of the F.I.R necessary proceeding pertaining to the said machine has already been initiated. He, in the process, submits that releasing the said seized machine 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 machine 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 machine in the zima of the Petitioner subject to the conditions that the Petitioner:- Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 15-Apr-2026 18:07:23 Signature Not Verified [Page 3] (i) shall deposit property surety worth Rs.30,00,000/-(Rupees thirty 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 machine; (iii) shall not allow the said machine to be used for any illegal purpose; and (iv) shall produce the seized machine in 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