BIPIN BIHARI PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioners are husband and wife. Confiscation proceeding vide C.C. No.1 of 2010 has been initiated against them before the Authorised Officer, Special Court, Bhubaneswar for confiscation of properties alleged to have been procured by them illegally by means of the offence they are alleged to have committed. They have moved this Court under Section 482, Cr.P.C. for issuance of a direction obliging the State and the Authorised Officer to do the things as the Orissa Special Courts Act, 2006 (for short 'the Act') and the Rules made thereunder provides and not to do anything otherwise.

(2.) Facts relevant for disposal of this petition are as follows : Sub-Section (1) of Section 13 of the Act provides thus :-

(3.) In the present case, the State Government in Home Department, vide authorization dated 12.01.2009, has authorised the Public Prosecutor concerned for making an application under Section 13(1) of the Act to the Authorised Officer, Bhubaneswar for confiscation of properties / pecuniary resources, as mentioned in the authorization. It is alleged that in derogation of the provisions in Section 13(1) of the Act, Rule 13(3) of the Rules and the aforesaid authorization dated 12.01.2009 issued by theGovernment in Home Department, the application for confiscation has been made by the I.O. of the case, whom the Public Prosecutor has only identified. Further it is alleged that the application is not in Form No. III, as provided in Sub-Rule (3) of Rule 13 of the Rules.