Orissa High Court
Sangeeta Panda vs State Of Odisha And Others .... Opp. ... on 2 May, 2024
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
Signature Not Verified
Digitally Signed
Signed by: SASANKA SEKHAR SATAPATHY
Designation: AR-cum-Senior Secretary
Reason: Authentication
Location: HIGH COURT OF ORISSA CUTTACK
Date: 03-May-2024 19:22:11
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 10618 of 2024
Sangeeta Panda .... Petitioner
Mr.Ashwariya Dash, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. Swayambhu Mishra,
Additional Standing Counsel
(Opposite Party No.1)
Mr. Pravakar Behera,
Standing Counsel for Transport Department
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No. 02.05.2024
1. 1. This matter is taken up through hybrid mode.
2. Petitioner in this writ petition prays for a direction to unlock the portal of her vehicle bearing registration No.OD-15- T-7577 (Tata Tigor).
3. Miss Dash, learned counsel for the Petitioner submits that the vehicle in question was seized in connection with offence under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. By order dated 10th October, 2023 (Annexure-1) passed by learned Sessions Judge-cum-Special Judge, Cuttack in Criminal Misc. Case No.30 of 2023 [arising out of 2(a)CC Case No.93 of 2023], the vehicle has been released in favour of the Petitioner with the following order.
"ORDER The Criminal Misc. Case under Section 457 of Cr.P.C. is allowed on contest against the Opp. Party. Let the seized TATA TIGOR car bearing Registration No.OD- 15T-7577, Engine No.REVTRN08NYXKB 4247 and Chassis No.MAT629203MKN77272 be released in favour of the petitioner Sangeeta Panda, aged about 30 years, W/o. Biswanath Panda, At-Kirba, VSSUT, Burla, Dist-Page 1 of 3 Signature Not Verified Digitally Signed
Signed by: SASANKA SEKHAR SATAPATHY Designation: AR-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 03-May-2024 19:22:11 // 2 // Sambalpur, on furnishing an indemnity bond together with a property security of Rs.5,00,000/- (Rupees five lakh only) with one solvent surety for the like amount on the following conditions:
i) The petitioner shall not use the vehicle in offence of similar nature or any other illegal activity,
ii) The petitioner shall produce the vehicle as and when the court requires the same for the purpose of trial.
iii) The petitioner shall take steps for taking digital photographs and a video clip of not more than 1 minute duration of the seized vehicle from all angles displaying its registration number, engine number and chassis number, in presence of the J.M.F.C-II (Cop Taking), Cuttack or a staff authorized by her.
iv) The digital photographs and video clip shall carry the date and time stamp with regard to their origin.
v) The digital photographs and video clip shall be kept with hash value, calculated of both,
vi) The encrypted digital photographs and video clip shall be stored on a pen drive or Hard Disc Drive and submitted to the Court of J.M.F.C-
II(Cog. Taking), Cuttack, who shall submit the same to this Court to enable it to access through it when required.
vii) The petitioner shall not transfer or dispose of or create any third party interest in any manner whatsoever in respect of the offending vehicle to anyone else and shall not make any change in its body, colour or engine.
viii) It is needless to say that the make, colour, chassis number and engine number of the offending vehicle shall be furnished by the petitioner before the trial Court with an undertaking that no damage shall be caused or no part of the vehicle be substituted and subject to reasonable wear and tear the vehicle shall be kept in a good condition;
ix) The petitioner shall keep the vehicle insured at all times and produce the Insurance Certificate before the Trial Court as and when called upon;
x) An intimation shall be given the RTO under whose jurisdiction the vehicle has been registered not to allow transfer of ownership/creation of any charge hypothecation Page 2 of 3 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Designation: AR-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 03-May-2024 19:22:11 // 3 // etc./grant NOC etc. in respect of the seized vehicle without the permission of the Court in seisin over the matter."
Since the online portal of the vehicle of the Petitioner has been blocked, the Petitioner is not in a position to upload the insurance certificate and comply with other formalities. In that regard, the Petitioner has submitted a representation to the RTO, Sambalpur on 27th February, 2024 (Annexure-4), but no decision has yet been taken to open the online portal in respect of aforesaid vehicle of the Petitioner. Hence, this writ petition has been filed.
4. Mr. Behera, learned Standing Counsel for Transport Department submits that the Petitioner may approach the RTO, Sambalpur for taking a decision on her representation.
5. Taking note of the submissions of learned counsel for the parties, this Court, without expressing any opinion on the merit of the case of the Petitioner, disposes of the writ petition with a direction that on production of certified copy of this order along with a copy of the representation within a period of two weeks hence, the RTO, Sambalpur shall take a decision on the representation of the Petitioner with regard to opening of online portal of her vehicle bearing registration No.OD-15-T- 7577 (Tata Tigor) within a period of two weeks therefrom and communicate the result thereof to the Petitioner forthwith.
Issue urgent certified copy of the order on proper application.
s.s.satapathy (K.R. Mohapatra) Judge Page 3 of 3