JAMINI KRISHNA PATTNAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) SINCE common question of law is involved in both the revisions, they are heard together and disposed of by this common judgment.

(2.) THE petitioners in both the revisions challenge the impugned orders dated 27.6.2011 passed by the learned JMFC, Barbil in C.M.C. No. 81 of 2011 and C.M.C. No. 101 of 2011 respectively rejecting the applications under Section 457, Cr.P.C. for release of the Tippers bearing registration Nos. OR -14 -J -9822 and OR -09 -J -8049 in connection with offence under Section 21 of the Mines and Minerals (Development and Regulation) Act.

(3.) LEARNED counsel for the petitioners submitted that as per Rule 13 of the Orissa Minerals (Prevention of Theft, etc.) Rules, 2007 (hereinafter referred to as "the Rules, 2007") since the matter was reported to the Court, the Court has the jurisdiction to release the vehicles even if confiscation proceedings were initiated. However, learned Additional Government Advocate while supporting the impugned order, submitted that since the confiscation proceedings were initiated by the competent authority, in such a situation, learned Magistrate rightly did not entertain the application.