The High Court
Case Details
THE HIGH COURT OF ORISSA AT CUTTACK CRA No. 122 of 1994 (In the matter of an application under Section 454 of Criminal Procedure Code) Smt. M. Appala Narasamma ……. Appellant -Versus- State of Orissa ……. Respondent
Legal Reasoning
For the Appellant : Mr.Udipta Kumar Panda, Advocate For the Respondent : Mr. S.J. Mohanty, ASC CORAM: THE HONOURABLE SHRI JUSTICE SIBO SANKAR MISHRA Date of Hearing: 11.11.2025 : Date of Judgment: 18.11.2025 S.S. Mishra, J. The appellant is aggrieved by the judgment dated 11.02.1994 passed by the learned Sessions Judge, Koraput-Jeypore confiscating the truck bearing Registration No. ABK-799 in Sessions Case No.229 of 1993. 2. In the present case, two accused, namely, Polichetti Satyanarayana and Appado Venkatramana stood charged for commission of offence punishable under Sections 20(b)(i) of the NDPS Act. By the impugned judgment they have been convicted. While convicting the accused persons, the learned trial court has confiscated the truck in subject and directed to sale the same and the sale proceed to be confiscated to the State. Against the order of confiscation and sale proceeds of the truck in subject directed to be confiscated to State, the appellant has filed the present appeal being the owner of the vehicle. 3. Heard Mr. Udipta Kumar Panda, learned counsel for the appellant and Mr. S.J. Mohanty, learned Additional Standing Counsel for the State. 4. When the appeal was admitted, vide order dated 13.04.1994 in Misc. Case No.149 of 1994, the following order was passed:- “The vehicle bearing registration no.ABK 799 shall be released in favour of the appellant-petitioner on her furnishing cash security of Rs.10,000/- and property security of Rs.70,000/- to the satisfaction of learned Sessions Judge, Korapur, Jeypore. It is stated that pursuant to the direction of this Court in Criminal Revision No.520 of 1993 the vehicle is in the custody of the appellant-petitioner and she has furnished cash security of Rs.10,000/- and property security of Rs.70,000/-. The said securities shall continue till disposal of the appeal.
Decision
The Misc. Case is disposed of. Urgent certified copy of this order if applied for shall be granted to the petitioner in course of the day.” Page 2 of 6 5. It appears from the record of the proceeding that the appellant has not only furnished the cash security of Rs.10,000/- but also furnished the property security of Rs.70,000/- while taking zima of the truck. 6. When the matter was taken up by this Court on 14.10.2025, the following order was passed:- “1. The appellant has assailed the judgment and order dated 11.02.1994 whereby while convicting two accused persons namely Polichetti Satyanarayana and Appado Venkataramana for the offence punishable under Section 20(b)(i) of the N.D.P.S. Act and sentenced them to undergo imprisonment for three years and at the same time, confiscated the truck bearing Registration No.ABK 799 involved in commission of the crime. The present appellant is aggrieved by the confiscation. Hence, he has assailed the judgment. 2. On query from the Court to the learned State counsel as to whether the convict accused has preferred any appeal or not, he replied that, he has no instruction to that effect. It is also not clear as to whether the truck was seized on 29.05.1993 is in existence or not. 3. Let learned State counsel seek instruction regarding the same and report to this Court by the next date of hearing. 4. List this matter on 23.10.2025 for hearing. 5. A free copy of this order be supplied to the learned State counsel.” Page 3 of 6 7. Pursuant to the aforementioned order, two more adjournments were given to the State for obtaining instructions. Finally, a report has furnished by the OIC, Rayagada Excise Station on 07.11.2025 to the following effect:- “With reference to the subject cited above, I beg to state that as per direction of the Superintendent of Excise, Rayagada on dated 04.11.2025 I proceeded to the Hon’ble Court of Sessions Judge, Koraput-Jeypore to trace out the record, regarding confiscation of the seized vehicle bearing Registration No.ABK-799. I meet with the store keeper of Record room of Hon’ble Court of the District & Sessions Judge, Koraput-Jeypore and not found any record regarding the seized vehicle bearing Registration No. ABK-799 seized in 2(a)CC No. 51/1993. So I make a request letter to the Hon’ble Court to supply the documents in the above case. I am enclosing herewith the received copy.” 8. This appeal is pending since 1994. The State Counsel is not able to obtain instruction as to whether the convicted accused persons have challenged the impugned order by separate appeal or not. Since the confiscation is obviously contingent upon the outcome of the appeal that was to be filed by the accused persons, those who have been convicted and the fate of those appeal if have been filed or not is not known to the Court, there is no point in keeping the present appeal pending indefinitely. 9. In view of the aforementioned developments unfolded in the present case and due to passage of time, I am inclined to allow the appeal of the Page 4 of 6 appellant by setting aside the confiscation order passed by the learned trial court while convicting the accused persons, as the appellant is the owner of the truck, which was allegedly involved in carrying the contraband. It is apparent from the prosecution story that the appellant was not an accused. Relevant would be to narrate the prosecution story for convenience of ready reference:- “The prosecution alleged that on 29.05.1993 at about 6.20 p.m. on the main road of village Pitamahal the patrolling Excise people detected 19 gunny bags in Truck No.ABK-799 being driven by accused P.Satyanarayana and accused A. Venkata Ramana being its cleaner. In presence of Executive Magistrate the bags were unloaded which were covered with bunches of bananas and on opening of the bags Ganja was recovered from each bag. The same was weighed. Sample was taken and Ganja along with the truck and bananas were seized at the spot. The sample ganja was sent for chemical examination and the chemical examiner also found it to be contained ganja. After completion of investigation, prosecution report has been placed against both the accused persons.” 10. There is no dispute on the ownership of the vehicle in view of the order dated 13.04.1994 of this Court granting zima of the vehicle to the appellant. More than three decades have gone by now. Therefore, nothing survives in this matter. 11. In view of the aforementioned developments and the report placed by the OIC, Rayagada Excise Station on 07.11.2025, the Criminal Appeal is Page 5 of 6 allowed and the impugned order of confiscation dated 11.02.1994 passed by the learned Sessions Judge, Koraput-Jeypore in Sessions Case No. 229 of 1993, is set aside. The security furnished by the appellant pursuant to the order dated 13.04.1994 of this Court stands released. (S.S. Mishra) Judge The High Court of Orissa, Cuttack Dated the 18th of November, 2025/Ashok Signature Not Verified Digitally Signed Signed by: ASHOK KUMAR JAGADEB MOHAPATRA Designation: Secretary Reason: Authentication Location: High Court of Orissa Date: 18-Nov-2025 19:06:35 Page 6 of 6