MANOJ KUMAR SWAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the learned Addl. Government Advocate.

(2.) THE petitioner was before this Court in W.P.(CrL) No. 206 of 2005. The said writ application was disposed of by the order dated 4.6.2005 with a direction to Opp. Party No. 2 therein to dispose of the application of the petitioner dated 30.4.2005 filed under Section 17 of the Orissa Minerals (Prevention of Theft, Smuggling and Other Unlawful Activities) Act, 1988 (hereinafter referred to as 'the Act') within a period of two weeks from the date of receipt of certified copy of the said order from the petitioner.

(3.) MR . B. P. Ray, learned counsel for the petitioner submits that the said order passed by the competent authority -Deputy Director, Mines, Sambalpur under Section 16 (3) of the Act annexed as Annexure -5 to the writ application being wholly illegal and having been passed without following due process of law inasmuch as without giving any opportunity to the petitioner as per the provisions of the Act for proving his case, is liable to be quashed and he is also entitled to an order for release of the Truck.