Birupakhya Sahu vs State Of Odisha .... Opposite Party on 24 January, 2022
He relies upon paragraph-5 of the judgment passed in
Kishore Kumar Choudhury vs. State of Orissa, which reads as
follows:-
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Kishore Kumar Choudhury vs State Of Orissa on 20 March, 2017
Kalim Khan vs State Of Odisha .... Opposite Party on 19 January, 2022
He relies upon paragraph-5 of the judgment passed in
Kishore Kumar Choudhury vs. State of Orissa, which reads as
follows:-
Satrughana Sahu vs State Of Odisha .... Opposite Party on 24 January, 2022
He relies upon paragraph-5 of the judgment passed in
Kishore Kumar Choudhury vs. State of Orissa, which reads as
follows:-
Madhuri Pradhan vs State Of Orissa .... Opp. Party on 18 February, 2022
// 5 //
This Court in the case of Kishore Kumar Choudhury
(supra) has held as follows:-
Bhedodker Pandurang vs The State Of Telangana on 11 March, 2026
7. Further, in Jagtar Singh, Son of Dhyan Singh v. State of
Rajasthan 2, Kishore Kumar Choudhury v. State of Orissa 3 and
Waish Ahmed v. State of West Bengal 4, wherein the High Courts
1 (2002) 10 SCC 283
2 2017 Law Suit (Raj.) 2379
3 2017 Law Suit (Ori.) 240
4 2017 Law Suit (Cal.)
Madasthu Manoj vs The State Of Telangana on 25 March, 2026
7. Further, in Jagtar Singh, Son of Dhyan Singh v. State of
Rajasthan 2, Kishore Kumar Choudhury v. State of Orissa 3 and
Waish Ahmed v. State of West Bengal 4, wherein the High Courts
of Rajasthan, Orissa and Calcutta, relying upon the decision of the
1 (2002) 10 SCC 283
2 2017 Law Suit (Raj.) 2379
3 2017 Law Suit (Ori.) 240
4 2017 Law Suit (Cal.)
Sayyad Zuber vs The State Of Telangana on 20 April, 2026
6. Having regard to the submissions of both the learned
counsel, on perusal of the material available on record and
relying on the decisions reported in Jagtar Singh, Son of
Dhyan Singh v. State of Rajasthan 1, Kishore Kumar
Choudhury v. State of Orissa 2 and Waish Ahmed v.
State of West Bengal 3, wherein the High Courts of
Rajasthan, Orissa and Calcutta, released the seized
vehicles, on certain terms and conditions and the decisions
passed by the Hon'ble Supreme Court in Sunderbhai
1 2017 Law Suit (Raj.) 2379
2 2017 Law Suit (Ori.) 240
3 2017 Law Suit (Cal.)
Snehalata Sahoo vs State Of Odisha .... Opposite Party on 22 November, 2021
The above
view has also been taken by this court in the case of Kishore
Kumar Choudhury vs. State of Orissa reported in 2017
Page 3 of 5
Page 3 of 5
(Supp.-I) OLR, 1052. Thus, the position that emerges is that
in the absence of any provision in the NDPS Act for interim
release of the vehicle seized under other provisions of the
said Act, the provisions under Section 457 of the Cr.P.C. can
be invoked to order interim release of the vehicle in favour of
its rightful owner.
Silamwar Venkatesh vs The State Of Telangana on 22 April, 2026
7. Further, in Jagtar Singh, Son of Dhyan Singh v. State of
Rajasthan 2, Kishore Kumar Choudhury v. State of Orissa 3 and
Waish Ahmed v. State of West Bengal 4, wherein the High Courts
of Rajasthan, Orissa and Calcutta, relying upon the decision of the
1 (2002) 10 SCC 283
2 2017 Law Suit (Raj.) 2379
3 2017 Law Suit (Ori.) 240
4 2017 Law Suit (Cal.)
Nilamani Pradhan vs State Of Odisha .... Opposite Party on 16 November, 2021
The above
view has also been taken by this court in the case of Kishore
Page 3 of 5
Page 3 of 5
Kumar Choudhury vs. State of Orissa reported in 2017
(Supp.-I) OLR, 1052. Thus, the position that emerges is that
in the absence of any provision in the NDPS Act for interim
release of the vehicle seized under other provisions of the
said Act, the provisions under Section 457 of the Cr.P.C. can
be invoked to order interim release of the vehicle in favour of
its rightful owner.