January to March 2013 for PDF.pmd - Orissa High Court

CourtNews13learned Sessions Judge-cum-Special Judge, Ganjam, Berhampur on the ground that the Motor cycle wasseized by Excise officials and not by Police and as such Section 457 Cr.P.C. has no application – Held,the impugned order is set aside – Direction issued to the trial Court to release the vehicle in questionin favour of the petitioner subject to conditions imposed by this Court.(B. K. Nayak, J.)SUBAS SINGH & ORS.-V- STATE OF ORISSA & ORS.W.P.(C) NO.3369 OF 2010 (Dt.20.12.2012)A. P.I.L. – Whether the action of the State Authorities in leasing out the lands earmarked to beused as bus stand at Badambadi for a long term of 33 years with option to renew the same on mutualconsent after completion of the period of lease in favour of Reliance Retail Ltd. (O.P.4) for its commercialuse on the ground that it would develop Badambadi Bus stand on public private participation mode isjustified – Held, No.B. P.I.L. – Whether the State Authorities are justified in leasing out the lands and buildings ofBadambadi Bus stand for generation of funds to liquidate the pending dues of the employees of theOSRTC – Held, No.In this case cabinet approval not taken before taking a final decision in the matter of selling/leasingout the property in question – Hence the matter may be placed before the cabinet and in case the cabinetapproves the proposal then a transparent method should be followed in order to fetch best price and incase cabinet does not approve O.P.4 shall not be entitled to be granted with the lease and the StateAuthorities to return the amount paid by O.P.4.(V. Gopala Gowda, CJ & B. N. Mahapatra, J.)M/S. RANBAXY LABORATORIES LTD. & ANR.-V- STATE OF ORISSA & ANR.CRLMC. 2541 OF 2008 & CRLREV NO.272 OF 2008 (Dt.15.03.2012)CRIMINAL PROCEDURE CODE, 1973 – S. 482.Prosecution report submitted and cognizance taken against accused persons for commission ofoffence punishable under a non existent statutory provision – Held, impugned order taking cognizance isset aside and the Criminal Proceeding is dropped.(B. K. Patel, J.)STATE OF ORISSA -V- SUKA PALEIDSREF NO.2 OF 2012 & JCRLA NO.13 OF 2012(Dt.11.10.2012)PENAL CODE, 1860 – S.302.Murder – Death Penalty – Murder not committed to satisfy any greed or lust – Appellant has neitherany bad antecedent nor he is a hard core Criminal nor an anti-social nor an anti-national element – Hewas illiterate, rustic being guided by the blind belief that his son has been affected by witchcraft practicedby deceased Sapan Dehury – An illiterate and rustic when influenced by blind faith is bound to becomeimpulsive in his act and he is bound to become mad to complete an act, which in his sense of right andwrong is right – Held, this case cannot be considered as a rarest of rare case for imposition of deathpenalty – Sentence of death is modified to life imprisonment.( L. Mohapatra, J & C.R. Dash, J.)