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Magistrate to have powers under Secs. 451 and 457, Cr.P.C. to deal with property not liable to confiscation: Orrisa High Court

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The Court ordered to release the vehicle claiming that the power of the Collector or the Excise Officer to release property under Section 67(1) of the former Bihar and Orissa Excise Act is confined to only property seized as liable to confiscation under Section 66.

The petitioner challenged the order of October 2020, by way of a petition u/s 482 of Cr.P.C., passed by the Sessions Judge, Kendrapara in a criminal case where it was prayed by the petitioner to release his vehicle under Section 457 Cr.P.C, which was refused with regard to the commission of offences under Sections 188,269, 270 and 34, I.P.C. and Section 52(a) of the Odisha Excise Act.

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Also Read  Once an application is disposed of u/s 216 Cr.P.C., the Magistrate has no jurisdiction to frame charges against the accused- Supreme Court