GURU CHARAN SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision has been preferred against the order dated 2-3-2005 passed by the J.M.F.C. Barbil in C.M.C. No. 34 of 2005 arising out of G.R. Case No. 32 of 2005 wherein he rejected the petition filed under Section 457, Cr. P.C. by the petitioner holding that he lacked jurisdiction to release, the tipper bearing Registration No. OR-09C- 9617 in his interim custody.

(2.) Bereft of unnecessary details the fact leading to filing of this revision is that on 22-1-2005 during night hours while the aforesaid vehicle was being used in transportation of 15 metric tons of iron ores from Karakhandra Jungle, the S.I. of Police, Barbil Police Station intercepted it. On demand when the driver failed to produce any authority for transportation of the said iron ores, the S.I. seized the same along with the tipper and registered P.S. Case No. 12 dated 22-1-2005 for the offence under Sections 379/411/34, IPC read with Section 12 of the Orissa Minerals (Prevention of Theft, Smuggling and Other Unlawful Activities) Act (herein after referred to as 'the Act') giving rise to the aforesaid G.R. Case.

(3.) During pendency of the said case, the petitioner claiming himself to be the owner of the tipper filed a petition under Section 457, Cr. P.C. before the J.M.D.C. Barbil with a prayer to release it in his interim custody. The Magistrate rejected the petition since by the time of passing the impugned order, the vehicle had already been handed over to the Deputy Director of Mines, Joda (Competent Authority) for necessary action at his end and as such it was no more there at the P.S. and because of the provision of confiscation contained under Section 16 of the Act.