Power to release property seized under Section 64

(41) Sections 56 and 64 - Read with Odisha State Financial Corporation Act, 1951 - Section 29 - Truck hypothecated by O.S.F.C. seized by forest officials confiscation under the Forest Act, Held when a proceeding for confiscation is undertaken under Section 56 of the Act against a vehicle for committing any forest offence at that stage, there is no debarring provision in that section or any other provision in that Act to make of confiscation subject to satisfaction of any encumbrances. Property confiscated under Section 56 shall vest in the State Government free from all encumbrances. Therefore, in the context of claim of the petitioner of hypothecation of the confiscated vehicle the provision in Section 56 has to be read together with provision in Sub-Section (2) of Section 64 of the Act - (2004) 29 OCR-875; 2004(II) CLR-627. (1) When an order for the confiscation of any property has been passed under Section 59 or Section 61, as the case may be, and the period limited by Section 63 for filing an appeal from such order has elapsed, and no such appeal has been preferred or when, such an appeal being preferred, the appellate Court confirms such order in respect of the whole or a portion of such property, such property or such portion thereof, as the case may be shall vest in the State Government free from all encumbrances. (2) When an order of confiscation of any property passed under Section 56 has become final under that Section in respect of the whole or any portion of the property, such property or the portion thereof, as the case may be, shall vest in the State Government free from, all encumbrances.