SUSHANTI MOHANTA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS revision has been preferred against the order dated 18.4.2005 passed by the J.M.F.C., Barbil in C.M.C. No. 113 of 2005 arising out of G.R. Case No. 118 of 2005 wherein he rejected the petition filed under Section 457 Cr.P.C to release the tipper bearing registration No. OR -09E -2816 in interim custody of the petitioner.

(2.) SUCCINCTLY stated, the facts leading to filing of this revision is that on 22/23.3.2005 during night hours while Daniel Karketta, the S.I. of Joda Police Station along with his staff was engaged in patrolling duty, he got reliable information that one tipper bearing Registration No. OR -09E -2816 was being illegally loaded with size iron ores at Kamarjoda Railway siding, proceeded to that side and found the aforesaid tipper being loaded with size iron ores was coming from Kamarjoda Railway siding. The S.I. stopped the vehicle at 3.30 A.M. near Basti Road. At this time the driver and the other occupants took to their heels leaving the loaded vehicle. The police personnel chased the culprits, but with much difficulty could be able to apprehend only one among them, who on query disclosed his name as Malayakanta Behera. He further disclosed that he was assisting the driver and helper of the tipper. Since the accused apprehended, failed to produce any document in support of transporting the iron ores, the S.I. of police seized the same along with the tipper, drew up plain paper F.I.R. and sent it to the O.I.C., Joda Police Station (Town) through constable J. Sethy, for registration of the case. Thereafter, the O.I.C. registered P.S. Case No. 81 of 2005 for the offence under Sections 379/411/34 I.P.C. read with Section 12 of the Orissa Minerals (Prevention of Theft, Smuggling and Other Unlawful Activities) Act ('the Act' hereinafter) corresponding to G.R. Case No. 118 of 2005 of the Court of J.M.F.C., Barbil and directed the S.I. Daniel Karketta to continue with the investigation of the case. Accordingly he continued investigation, after completion of which charge sheet was submitted against the accused persons under the aforesaid offences.

(3.) DURING course of hearing before the trial Court, the learned counsel appearing for the State submitted that in the meantime the I.O. had already produced the iron ores along with the tipper before the Deputy Director of Mines, Joda (Competent Authority) for initiation of a proceeding under Section 16 of the Act. So, the Court below rejected the petition under Section 457 Cr.P.C. holding that since the seized iron ores along with the tipper had already been handed over to the Deputy Director of Mines, Joda, who is the competent authority to initiate a confiscation proceeding, he lacked jurisdiction to exercise power under Section 457 Cr.P.C. Being aggrieved with this order the petitioner has preferred the present revision.