BHABA KRISHNA MISHRA Vs. STATE OF ODISHA

JUDGEMENT

(1.) In this criminal revision under Section 397 of the Code of Criminal Procedure, 1973, the petitioner assails the order dated 23.03.2012 passed by the learned J.M.F.C., Barbil rejecting his application for release of the Unit of M/s. Swati Mines and Minerals Private Limited, which has been seized in G.R. Case No. 498 of 2010.

(2.) The petitioner, being the Managing Director of M/s. Swati Mines and Minerals Pvt. Ltd., a Unit established for procurement, storage and processing of Manganese Ore and incorporated under the Companies Act, isthe applicant. The officers of Joda Police Station, on the basis of written report lodged on 29.01.1990 by the Sub-Inspector of Police alleging that he has reliable information concerning illegal transportation and unloading of Manganese Ore inside the factory premises of Swati Minerals located at Banspani, rushed to the spot and found one 207 Tata Pick Up bearing Regn. No. OR-09A-1414 was loaded with some plastic bags containing manganese Ore being parked inside the unit. It is further alleged that at the sight of the police, the driver of the vehicle and those present at the Unit ran away.

(3.) The petitioner preferred a revision assailing the order of the learned J.M.F.C., which has been registered as Crl. Revision No.615 of 2012.