Orissa High Court Orders Transport Commissioner To Frame Policy To Avoid Congestion Of 'Seized Vehicles' In Govt Office Premises

The Orissa High Court has directed the Transport Commissioner, Government of Odisha to discuss the issue of congestion of 'seized vehicles' in the premises of police stations, forest offices and excise offices across the State and to frame appropriate policy to decongest and to avoid unnecessary wear and tear of vehicles.

While disposing of a revision petition filed by an accused under the NDPS Act, the Single Bench of Dr. Justice Sanjeeb Kumar Panigrahi ordered –

“The Transport Commissioner shall explore the possibility of framing a policy on this issue after consultation with the stakeholders. So that, the wear and tear can be avoided and the perennial problem of crowding of vehicle in front of the Police Station, Excise Office and Forest Office can be lessened.”

Brief Background

The petitioner was charge-sheeted under Sections 20(b)(ii)(C)/25/29 of the NDPS Act as more than 30 KGs of contraband 'Ganja' was recovered from his exclusive possession from an Indigo car. The said car was seized by the police and was detained in the police station.

He filed an application under Section 457 of the CrPC before the Special Judge, Phulbani for release of his car. However, the same was rejected by the Court. Being aggrieved, he filed this criminal revision petition before the High Court impugning the said order.

It was contended on behalf of the petitioner that as the seized vehicle is parked in an open space, the same is going to be deteriorated due to direct exposure to the sun and rain.

However, the counsel for the State opposed the said submission contending that as the amount of contraband recovered from the vehicle is more than the commercial quantity, the Court below rightly rejected the prayer to release the car.

Court's Observations

After going through the materials on record, the Court was of the opinion that there is no hindrance in releasing the vehicle in zima of the petitioner on furnishing security and an appropriate undertaking.

“…this Court finds that the said vehicle has been kept in the Police Station being exposed to sun and rain and may face unnecessary wear and tear. In case the seized vehicle is left unattended to in the premises of the Police Station for an indefinite period, the vehicle is likely to be damaged and deteriorated,” the Court added.

Accordingly, the Court directed the Court in seisin over the matter to release the vehicle in the zima of the petitioner, subject to imposition of certain conditions.

The Court, however, generally observed that most of the vehicles seized by the police personnel/ excise department/ forest department are parked in open space with direct exposure to the sun and rain.

“The seized vehicles also remain inoperative for long time rendering the said seized vehicle faster wear and tear,” it also observed.

At this juncture, the counsel appearing for the State informed the Court that due to certain laws, the Government is constrained not to release the seized vehicles in zima of owners.

Taking judicial cognizance of the issue, Justice Panigrahi directed the Transport Commissioner to take some steps for avoiding such 'insalubrious' condition. It asked the top transport official to discuss the matter with the relevant stakeholders and to frame appropriate policy to avoid unnecessary wear and tear of vehicles and to minimise crowding of vehicles in front of police stations, forest offices and excise offices.

“The Transport Commissioner is also directed to explore such possibility of decongesting the Police Station/Excise Office/ Forest Office in the State by filing an affidavit regarding possibility of relaxation in Rules/Statutes also by proposing some amendments relating to this issue and the State Government will make serious endeavor to frame a policy on the aforementioned issue,” the Court further directed.

Pertinently, a Division Bench of the Orissa High Court comprising the then Chief Justice Dr. S, Muralidhar and Justice Aditya Kumar Mohapatra, in January 2022, had issued a slew of directions and guidelines to deal with the 'ever-growing stock' of seized vehicles and properties in police stations across the State.

Case Title: Jitendra Kumar Digal v. State of Odisha

Case No: CRLREV NO. 397 of 2022

Date of Order: January 16, 2024

Counsel for the Petitioner: Mr. Prasanta Kumar Satapathy, Advocate

Counsel for the State: Mr. Dhananjaya Mund, Addl. Government Advocate

Click Here To Read/Download Order